National Council of Provinces - 02 March 2000
THURSDAY, 2 MARCH 2000 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:02.
The Deputy Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
NOTICES OF MOTION
Mrs J N VILAKAZI: Mr Chairperson, I give notice that at the next sitting of the Council, I shall move:
That the Council -
(1) notes with anguish the unfortunate tragedy which took place in Michigan in the USA where a six-year-old gunned down another six-year- old in the classroom; (2) further notes that similar tragedies are not confined to the USA but are a disturbing growing worldwide phenomenon and that South Africa, as part of the global community, is not immune to such incidents where children get involved in acts of murder;
(3) calls on all parents and leaders to rededicate themselves to their God-given roles, to guide our children towards responsible adulthood;
(4) calls on South African parents and leaders, in particular, to ensure that they execute their leadership duties in such a way that our children grow up to become human, patriotic and responsible adults who are respectful of human rights; and
(5) conveys its sympathy to the family, relatives and schoolmates of this innocent victim.
Mnr J L THERON: Mnr die Voorsitter, by die volgende sitting van die Raad sal ek voorstel:
Dat die Raad daarvan kennis neem dat -
(1) aangesien die Demokratiese Party die oorgrote meerderheid van Afrikaanssprekende kiesers verteenwoordig, die DP dit noodsaaklik geag het dat die Afrikaanse saak ook in die Nasionale Raad van Provinsies paslike verteenwoordiging sal geniet; en
(2) me Embré Gouws aangewys is as die segspersoon vir Afrikaans in die Nasionale Raad van Provinsies vir die Demokratiese Party. (Translation of Afrikaans notice of motion follows.)
[Mr J L THERON: Mr Chairperson, at the next sitting of the House I will move:
That the House takes cognisance of the fact that -
(1) since the Democratic Party represents the overwhelming majority of the Afrikaans-speaking members of the electorate, the DP has deemed it essential that the cause of Afrikaans should also enjoy suitable representation in the National Council of Provinces; and
(2) Ms Embré Gouws has been designated as the Democratic Party spokesperson for Afrikaans in the National Council of Provinces.]
Me E C GOUWS: Mnr die Voorsitter, by die volgende sitting van die Raad sal ek voorstel:
Dat die Raad -
(1) kennis neem van die vorige President se standpunt dat Afrikaanssprekendes geregtig is op ‘n universiteit wat Afrikaans as voertaal het; en
(2) ‘n beroep op die Regering doen om -
(a) dié beginsel te bevestig; en
(b) 'n proses van oorlegpleging te begin om so 'n universiteit aan
te wys en so te verseker dat die vorige President se visie ten
opsigte van tersiêre onderrig volvoer word. (Translation of Afrikaans notice of motion follows.)
[Ms E C GOUWS: Mr Chairperson, at the next sitting of the House I will move
That the House -
(1) takes cognisance of the former President’s standpoint that Afrikaans- speaking people are entitled to a university having Afrikaans as a medium of instruction; and
(2) appeals to the Government to -
(a) confirm this principle; and
(b) begin a process of consultation with a view to identifying such
a university and thus ensuring that the former president's
vision in respect of tertiary education is fulfilled.]
Mnr A E VAN NIEKERK: Mnr die Voorsitter, ek gee kennis dat ek by die volgende sitting sal voorstel:
Dat die Raad kennis neem -
(1) van voorstelle wat in die lug hang ten opsigte van ‘n borsbeeld of iets soortgelyks van die vorige President van Suid-Afrika, oudpresident Nelson Mandela, op of in die eiendom van die nasionale Parlement;
(2) dat daar ook voorstelle is van soortgelyke afbeeldings van al drie die staatsleiers wat betrokke was by die oorgang na ‘n demokratiese Suid-Afrika;
(3) dat daar voorgestel gaan word dat dié gedagtes formeel geformuleer moet word en aan die Komitee oor Huishoudelike Reëlings voorgelê word vir verdere bespreking sodat uitvoering gegee kan word aan dié prysenswaardige idees; en
(4) dat die Nuwe NP vantevore al voorgestel het dat daar afbeeldings van ons staatsleiers in die Parlement aangebring moet word en selfs aangebied het om dit tydelik beskikbaar te stel. (Translation of Afrikaans notice of motion follows.)
[Mr A E VAN NIEKERK: Mr Chairperson, I hereby give notice that at the next sitting I shall move: That the House notes -
(1) proposals that are up in the air with regard to a bust, or something similar, of the former President of South Africa, former President Nelson Mandela, on the property of the national Parliament;
(2) that there are also proposals regarding similar portrayals of all three public leaders who were involved in the transition to a democratic South Africa;
(3) that it will be proposed that these ideas be formally formulated and submitted to the Committee on Internal Arrangements for further discussion so that these commendable ideas can be implemented; and
(4) that the New NP has previously proposed that portrayals of our public leaders should appear in Parliament, and has even offered to make these available temporarily.]
FLOOD DISASTER IN NORTHERN PROVINCE, EASTERN CAPE, MPUMALANGA AND
MOZAMBIQUE
(Draft Resolution)
Mr M A SULLIMAN: Chairperson, I move without notice:
That the Council -
(1) notes -
(a) the enormous and dedicated commitment of the South African
National Defence Force in terms of human resources and amenities
in the rescue operations conducted in the Northern Province, the
Eastern Cape, Mpumalanga and Mozambique;
(b) the commitment of the Government to make available finances and
other resources to our people and neighbours; and
(c) the support from countries such as the United States of America,
Britain and Botswana and from Europe and other countries;
(2) commends the Minister of Defence and members of the SANDF for their sustained support in rescuing and alleviating the plight of people;
(3) recognises the efforts of the Government and supports its responses;
(4) encourages donor countries to effectively increase their support, given the magnitude of the devastation to life and limb; and
(5) assures the people within our borders and our neighbours that we are also shattered by and concerned at the disaster that has affected them.
Motion agreed to in accordance with section 65 of the Constitution.
USE IN WESTERN CAPE OF FIRE-FIGHTING EQUIPMENT FROM NORTHERN HEMISPHERE COUNTRIES
(Draft Resolution)
Mr K D S DURR: Mr Chairman, I move without notice: That the Council -
(1) cognisant of the fact that seasonal fires ravage parts of the northern hemisphere areas that endure long hot and dry summers, such as Mediterranean climatic regions, and given that we in the Western Cape have to endure similar problems in our summer, requests the Minister of Foreign Affairs to consider the following:
(a) North America and Europe have specialist dedicated fire-fighting
aircraft that are on standby in their summer fire season and
that are ``moth-balled'' in their winter when the rains and snow
come; and
(b) being in the southern hemisphere our fire hazards occur in our
summer, which is their winter;
(2) therefore requests the Minister of Foreign Affairs to investigate the possibility of requesting friendly nations to store their seasonally required aircraft and/or equipment in the Western Cape in their off- season, to be available to us to deal with fires; (3) is of the opinion that -
(a) the Minister could request co-operation on the basis of a shared
world responsibility of the Fynbos biome at the Cape;
(b) we could hire the equipment and/or aircraft at reasonable
tariffs in their off-season;
(c) we could allow northern hemisphere nations free storage and
maintenance here in their winter, using the equipment only if
and when required, perhaps at some predetermined tariff; and
(d) this could be a cost-effective way of dealing with the ongoing
problem of mountain and bush fires at the Cape, without
expending capital and that this could help northern hemisphere
nations to get the maximum benefit out of their equipment; and
(4) calls upon the Minister of Foreign Affairs to discuss the matter with the concerned provinces, the Western Cape government, the Department of Water Affairs and Forestry and the Department of Environmental Affairs and Tourism, with a view to possible further action.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Is there any objection to the motion? There is an objection to the motion by Ms Botha of the DP, and it will therefore become a notice of motion.
Mr K D S DURR: Mr Chairman, I find that very extraordinary, because the hon member’s colleague, who is a Whip, approved the motion at the Whips’ meeting.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! That was done outside this Chamber. We do not entertain matters which happened outside this Chamber.
STATEMENT BY WESTERN CAPE MEC FOR EDUCATION AND FAILURE OF DP TO EMBRACE NONRACIALISM
(Draft Resolution)
Ms B N DLULANE: Mr Chairman, I move without notice:
That the Council - (1) notes with concern the recent report in a newspaper where the MEC for education in the Western Cape, Mrs Helen Zille, is reported to have said that the referral of a pupil to Harold Cressy High School, which was perceived by the pupil’s parent to be a predominantly Muslim school, is ludicrous;
(2) further notes that the statement by the MEC, Mrs Zille -
(a) is a clear indication of her stance and that of her party on the
issue of the integration in schools;
(b) is a clear reflection of the DP's refusal to deal with racism
and sectarianism - reluctance stems from its desire to replace
the New NP as the champions of racist and sectarian politics in
South Africa;
(c) shows that the DP is the apologist of apartheid as was also
shown by its leader, the hon Mr Tony Leon, where he criticised
the President for raising the issue of racism in his
presidential speech; and
(d) reflects the unwillingness on the part of the DP to embrace
values of nonracialism and nonsectarianism enshrined in the
Constitution; and
(3) supports the call of the ANC in the Western Cape for the MEC of education to resign.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Is there any objection to the motion?
Mr J L THERON: Ja, ons maak ten sterkste beswaar, Voorsitter. [Yes, we object in the strongest possible terms, Chairman.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! In the light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.
CONGRATULATIONS TO CHAIRPERSON OF THE NCOP ON ELECTION AS CHANCELLOR OF THE CAPE TECHNIKON
(Draft Resolution)
The CHIEF WHIP OF THE NCOP: Mr Chairperson, I move without notice:
That the Council -
(1) expresses its heartfelt congratulations to the Chairperson of the National Council of Provinces, Ms Naledi Pandor, who has been elected as the second Chancellor of the Cape Technikon with effect from 14 April 2000;
(2) notes that Ms Pandor will be the first black woman to fill this position and will succeed Mr Pieter Swart, who has served as Chancellor since December 1995;
(3) further notes that Ms Pandor has served on the Council of the Cape Technikon since 1996 and was elected to Parliament in 1994, after which she became a Whip and then Deputy Chief Whip of the Majority Party in the National Assembly; and
(4) is confident that the Cape Technikon will benefit from the skills, experience, leadership and the capacity Ms Pandor will bring with her.
Motion agreed to in accordance with section 65 of the Constitution.
SAPS STAFF SHORTAGES IN WESTERN CAPE
(Draft Resolution)
Mev J WITBOOI: Mnr die Voorsitter, ek stel voor:
Dat die Raad -
(1) met kommer daarvan kennis neem dat -
(a) die SAPD in die Wes-Kaap 'n personeeltekort van 40% het;
(b) 40% van die SAPD-voertuie in die provinsie se vervangingsdatums
reeds verby is; en
(c) 21 polisiekantore elke dag om 16:00 moet sluit weens 'n tekort
aan personeel;
(2) ‘n beroep op die Minister van Veiligheid en Sekuriteit doen om die provinsie se nood te verlig; en
(3) gemeenskappolisiebeamptes bedank vir hulle bydrae om polisiëring in die Wes-Kaap moontlik te maak. (Translation of Afrikaans draft resolution follows.)
[Mrs J WITBOOI: Mr Chairperson, I move:
That the House -
(1) notes with concern that -
(a) the SAPS in the Western Cape has a staff shortage of 40%;
(b) the replacement date of 40% of SAPS's vehicles in the province
has already expired; and
(c) 21 police stations have to close at 16:00 every day owing to a
shortage of staff;
(2) appeals to the Minister for Safety and Security to bring relief in respect of the need of the province; and
(3) thanks community police officers for their contribution to making policing in the Western Cape possible.]
Motion agreed to in accordance with section 65 of the Constitution.
RECONCILIATION AMONG SOUTH AFRICANS
(Draft Resolution)
Mr N M RAJU: Mr Chairperson, I move:
That the Council - (1) states categorically that nothing could be further from the truth than the recent negative reporting on racism and emotional sentiments expressed in diverse quarters on the subject, and also on the fact that some prophets of doom label so-called racism as the main impediment to reconciliation in South Africa;
(2) believes that it is patently dishonest to deny that all over South Africa, in almost every walk of life, be it the workplace, the shopping malls, arenas of recreation, residential townships …
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Hon member, is that a motion without notice, or is it a speech? [Interjections.] Please continue.
Mr N M RAJU:
... and even in schools and educational institutions, there is an
awakening and consciousness of new-found respect for each other among
the silent majority of South Africans of all races;
(3) is convinced that whatever sediments of racism remain in the bosom of individuals, it is not enough to sabotage the new and vibrant emergence of interracial understanding, goodwill and fellowship that become more and more conspicuous by the day; and
(4) believes that right-thinking South Africans can only welcome and marvel at this new emergence of kindred spirits, while others seem to indulge in a debilitating exercise in hysterics.
The CHIEF WHIP OF THE COUNCIL: Mr Chairperson, may I enquire whether the hon member has been mandated by his party? The last time he expressed similar sentiments he was instructed to withdraw the motion. I would like to know before I consider whether to object to or support the motion.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Let us leave that for a while, hon member. Do you have an objection?
The CHIEF WHIP OF THE COUNCIL: No, I do not have an objection, Mr Chairperson, I have a question. The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): No, I am looking for an objection.
Mr M V MOOSA: Mr Chairperson, I wish to second the motion. [Laughter.]
Motion agreed to in accordance with section 65 of the Constitution.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! The next member is the hon Versveld.
Ms E C GOUWS: No, you are confused, Chairperson.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! I am not confused. I have a list, and the hon Gouws is on the list. She is, however, not the next one on the list. She can continue. I just wanted to show that I am not confused.
Mr M J BHENGU: Mr Chairperson, on a point of order: Is it parliamentary for the hon member to refer to the Chair as confused?
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Well, I have accepted it. I am not confused.
ACKNOWLEDGEMENT OF USE OF LANGUAGES IN BUDGET SPEECH BY MINISTER OF FINANCE
(Draft Resolution)
Me E C GOUWS: Mnr die Voorsitter, ek stel voor:
Dat die Raad -
(1) kennis neem van die wyse waarop die Minister van Finansies in sy Begrotingstoespraak erkenning gegee het aan vyf van die land se amptelike tale, naamlik Engels, Afrikaans, Sotho, Zoeloe en Xhosa;
(2) die Minister bedank;
(3) die beginsel van die erkenning van veeltaligheid in Suid-Afrika opnuut bevestig. (Translation of Afrikaans notice of motion follows.)
[Ms E C GOUWS: Mr Chairperson, I move - That the House -
(1) notes the manner in which the Minister of Finance in his Budget speech gave recognition to five of the country’s official languages, namely English, Afrikaans, Sesotho, isiZulu and isiXhosa;
(2) thanks the Minister; and
(3) confirms once more the principle of the recognition of multilingualism in South Africa.]
Motion agreed to in accordance with section 65 of the Constitution.
PROPOSED CODE OF ETHICS FOR MEMBERS OF PARLIAMENT
(Draft Resolution)
Mr P A MATTHEE: Mr Chairperson, I move without notice:
That the Council -
(1) again takes note of section 2 of the Executive Members’ Ethics Act, 1998, Act 82 of 1998, in terms of which the President must, after consultation with Parliament and by proclamation in the Gazette, publish a Code of Ethics prescribing standards and rules aimed at promoting open, democratic and accountable government and with which Cabinet members, Deputy Ministers and MECs must comply in performing their official responsibilities;
(2) further notes that a draft Code of Conduct for Members of Parliament has been tabled at the Joint Committee on Ethics and Members’ Interests for discussion and comment by political parties and members;
(3) in the light of the aforesaid, requests the Chief Whip of the Council to establish from the President’s Office when the Code of Ethics envisaged in the aforesaid section 2 of Act 82 of 1998, will be submitted to Parliament for consultation and what progress has to date been made in the drafting of such Code of Ethics; and
(4) requests the Chief Whip of the Council to report back to the Council at its next sitting.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Is there any objection to the motion?
Mr M BHABHA: Yes, we object.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! In view of the objection, the motion will not be proceeded with. The motion without notice will now become a notice of motion.
CONDOLENCES TO FLOOD VICTIMS AND THANKS AND CONGRATULATIONS TO SA AIR FORCE MEMBERS
(Draft Resolution)
Dr E A CONROY: Chair, on behalf of the New NP, I move without notice:
That the Council -
(1) extends its sincerest and heartfelt condolences to the families and friends of so many people who have perished and are at this moment still perishing, and our sympathies to those who have lost up to their very last and their most precious possessions as a result of the devastating floods experienced in especially Mpumalanga and the Northern Province, and by our neighbours in Mozambique and Zimbabwe;
(2) thanks the men and women of the SA Air Force who have selflessly exposed themselves …
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! There is a point of order.
The CHIEF WHIP OF THE COUNCIL: Mr Chairperson, I support wholeheartedly the sentiments expressed by my hon colleague, but, truly, a motion incorporating all these sentiments has been put to the Council by Mr Sulliman and was adopted. Therefore this is in fact a repeated motion. I object on that basis.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Hon member, how does that motion differ from the motion tabled by the hon Sulliman?
Dr E A CONROY: Chairperson, it differs slightly in the wording, but there was a special last part which I would like to read.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Can I find out whether you want to amend Mr Sulliman’s motion? Are you suggesting an amendment to the motion which has been adopted?
Dr E A CONROY: Can I add an amendment then, Chairperson? [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Can you read that motion, and then we will compare it and give a ruling.
Dr E A CONROY: Thank you, Chairperson. I continue:
... to mortal danger in their quest to save human lives, even that of
baby Rositha, who in the very first hours of her life has become a
living symbol of the Air Force's motto, Per aspera ad astra, which,
roughly translated means ``Through wind and storm to the stars''.
(3) expresses that it is truly proud of our angels of mercy and grateful that we have the capacity, the will and, yes, the compassion, to extend a hand and open our hearts to our less fortunate compatriots and neighbours who had to submit to the forces of nature.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Thank you. We will reserve the question and give a ruling before the end of the sitting.
The CHIEF WHIP OF THE COUNCIL: Chairperson, in the light of the enormity of the disaster and the good sentiments expressed, I withdraw my objection.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! The Chief Whip of the Council has withdrawn his objection. Does any other member wish to object to the motion?
ENVISAGED ALTERATIONS TO SOUTH AFRICA HOUSE AND PRESERVATION OF CULTURAL TREASURES
(Draft Resolution)
Mnr C ACKERMANN: Mnr die Voorsitter, ek stel voor sonder kennisgewing:
Dat die Raad die Minister van Openbare Werke asook die Minister van Kuns, Kultuur, Wetenskap en Tegnologie versoek om -
(1) die beoogde veranderings aan Suid-Afrika-huis in Londen openbaar te maak met voldoende tyd vir kommentaar deur die publiek en die Suid- Afrikaanse Parlement; en
(2) enige kultuurskatte wat beoog word om verwyder te word in ‘n veilige en behoorlik toegeruste instelling onder beroepskundige toesig aan die publiek ten toon te stel. (Translation of Afrikaans draft resolution follows.)
[Mr C ACKERMANN: Mr Chairperson, I move without notice: That the Council requests the Minister of Public Works as well as the Minister of Arts, Culture, Science and Technology to -
(1) publicise the envisaged alterations to South Africa House in London, leaving sufficient time for comment by the public and the South African Parliament; and
(2) put on display to the public, under professional expert supervision, any cultural treasures that have been earmarked for removal in a safe and properly equipped institution.]
Motion agreed to in accordance with section 65 of the Constitution.
LAUNCH OF NATIONAL LOTTERY
(Draft Resolution)
Mr M V MOOSA: Mr Chairperson, I move without notice:
That the Council -
(1) notes that today is the first day in which the National Lottery is being launched and tickets for the National Lottery are being sold;
(2) further notes that many South Africans are hopeful to gain some winnings from the first draw of the lottery which will take place on 8 March 2000;
(3) congratulates Uthingo on having successfully launched the lottery; and
(4) wishes all South Africans well in the first draw - may the lucky ticket win!
Mr A E VAN NIEKERK: Mr Chairperson, on a point of order: Is it parliamentary to give commercials to the House? [Laughter.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Is there any objection to the motion?
Motion agreed to in accordance with section 65 of the Constitution.
MOTION OF CONDOLENCE
(The late Mr Caleb Humalebe Motshabi)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move the draft resolution printed in my name on the Order Paper, as follows:
That the Council -
(1) notes with deep regret the passing away of Mr Caleb “Commandant” Humalebe Motshabi, a member of the Select Committee on Security and Constitutional Affairs, who passed away on 31 January 2000 after a short period of illness;
(2) further notes that Mr Caleb Motshabi was a dedicated, disciplined and committed person in struggles against apartheid and in the transformation of our country and that his passing away has really touched members of this Council - he will be missed for his humour, his goodwill and his quiet and sometimes robust authority; and
(3) conveys its sincere condolences to his family.
Motion agreed to in accordance with section 65 of the Constitution.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Well, in the light of the fact that the deceased was a member of this august House and that we are meeting for the first time since his demise, may I accordingly request this honourable House to rise and observe a moment of silence.
PROMOTION OF MULTILINGUALISM IN A DEMOCRATIC SOUTH AFRICA
(Subject for Discussion)
Mr A E VAN NIEKERK: Mnr die Voorsitter, dit is vir my aangenaam om hierdie debat in te lei … [Mr Chairman, it is a pleasure for me to introduce this debate …]
… and I want to start off by being bilingual.
The South African decision to adopt 11 official languages and so officially support a multilingual language policy represents a landmark in the history of language policies around the world, Marielle Martinez, an international language expert, said. She further said:
It reflects a new approach to language diversity and an unprecedented awareness of the importance of language issues in general and linguistic human rights in particular. This is the first time language rights are seen as a founding principle in the process of establishing a state. Very few countries even mention language in their constitutions. It breaks away from the European model of the monolingual nation state.
The language policy has an important role to play in the process of democratisation and empowerment.
I want to add to this that it has an important role to play in nation- building.
Wanneer ons praat van die bevordering van veeltaligheid in ons nuwe demokrasie, en ons het ‘n probleemgedrewe benadering, beteken dit eintlik maar net die bevordering van eentaligheid.
Die oneweredige magsverhoudings tussen sprekers van verskillende tale word voortdurend hierdeur beklemtoon en dit versterk dan net hierdie feit. Die gevare van so ‘n eentalige benadering is onder andere die vernietiging van die oog waarmee baie mense na die wêreld kyk; die vernietiging van mense se selfbeeld en trots; die forsering van mense om deel te neem aan die maatskaplike, politieke en ekonomiese lewe van Suid-Afrika in ‘n taal wat nie hul eie is nie; intellektuele verarming wat lei tot hoë vlakke van ongeletterdheid, soos wat ons ken in Suid-Afrika, en ‘n gebrek aan innoverende en kreatiewe idees en deelnames. Dit kan Suid-Afrika nie bekostig nie, maar dit is die pad wat ons bewustelik of onbewustelik loop deur die alleengebruik van Engels in die sogenaamde belangrike plekke vir belangrike sake.
In sy werk In Giglioti tref D Ferguson ‘n onderskeid tussen high
functions'' enlow functions of language use in society’’. High
language functions'' word geassosieer met die gebruik van taal in die
sogenaamdehigh places’’, byvoorbeeld in wetgewing, die regering, in die
openbare administrasie, opvoeding en regspleging, en ook in handel,
nywerheid, kultuursake, ensovoorts. Daar is gevind dat tale slegs ontwikkel
wanneer dit gebruik word in hierdie omstandighede. Ek is terloops bly om te
sien die Minister is terug.
In ons nuwe demokrasie word die gebruik van inheemse tale eerder afgeskaal
en afgeskeep op hierdie vlak en daar is internasionale voorbeelde wat
duidelik uitwys wat die gevolge vir die benadeelde tale is. Byvoorbeeld,
die Ierse taal, wat saam met Engels op papier ‘n amptelike taal is, maar
selde indien ooit in hierdie sogenaamde high places'' gebruik word, is
nou selfs besig om aansien te verloor in dielower functions’’, in die
sogenaamde huisgebruik.
Daar is dus ‘n duidelike korrelasie tussen ‘n taal se status en sy gebruik. Dit is volgens die Grondwet die Staat se plig om stappe te doen wat die inheemse tale van Suid-Afrika se status sal verhoog deur hulle te gebruik in die belangrike plekke, en dit begin hier waar ons vandag staan.
As ons nie die inheemse tale van Suid-Afrika in die hoofstroomaktiwiteite van ons lewe gaan begin gebruik nie, sal ons in die skaduwee van Europese en ander noordelike lande bly lewe. Ontwikkeling, vooruitgang en ekonomiese bemagtiging, wetenskap en tegnologie sal die monopolie bly en wees van ‘n klein groepie bevoorregtes van die samelewing, in samewerking met buitelandse entrepreneurs, by wyse van die voormalige koloniale taal.
Daar sal geen innovering, kreatiwiteit en voortuitgang vir die gewone mense, die ongeletterdes, die armes, die meerderheid van hierdie land wees nie, as daar voortgegaan word met die praktyk van eentaligheid. (Translation of Afrikaans paragraphs follows.)
[When we talk about the promotion of multilingualism in our new democracy, and we follow a problem-driven approach, this in fact only implies the promotion of monolingualism.
The unequal relations relating to power between speakers of different languages are continuously being emphasised by this and it only serves to strengthen this point. The dangers of such a monolingual approach is, inter alia, the destruction of the eye with which many people view the world; the destruction of the self-image and pride of people; forcing people to participate in the socio-political and -economic life of South Africa in a language that is not their own; intellectual impoverishment leading to high levels of illiteracy, as we are familiar with in South Africa, and a lack of innovative and creative ideas and participation. This South Africa cannot afford, but it is the course that we have consciously or subconsciously taken by using English only in the so-called important places for important affairs.
In his work In Giglioti D Ferguson distinguishes between high functions''
andlow functions of language use in society’’. High language
functions'' are associated with the use of language in the so-calledhigh
places’’, for example in legislation, in government, in public
administration, education and administration of justice, as well as in
trade, industry, cultural affairs, etc. It has been found that languages
only develop when they are used in these circumstances. By the way, I am
glad to see that the Minister is back.
Instead, in our new democracy, the use of indigenous languages is being
scaled down and neglected at this level and there are international
examples that clearly elucidate the consequences that detrimentally
affected languages suffer, for example, the Irish language, which, on
paper, is an official language along with English, but which is seldom, if
ever, used in these so-called high places'', and is now even losing
esteem in thelower functions’’, so-called domestic use.
There is therefore a clear correlation between the status of a language and its usage. According to the Constitution it is the duty of the state to take steps that would promote the status of the indigenous languages of South Africa by using them in the important places, and this starts here where we are standing today.
If we do not start using the indigenous languages of South Africa in the mainstream activities of our lives, we will continue to live in the shadow of European and other northern countries. Development, progress and economic empowerment, science and technology will remain and be the monopolies of a small group of privileged people in society, in co- operation with foreign entrepreneurs, by means of the erstwhile colonial language.
There will be no innovation, creativity and progress for the ordinary people, the illiterate, the poor, the majority of this country, if the practice of monolinguality continues.] Dr Nonhla … Nou het ek moeilikheid met die uitspraak van hierdie veeltalige naam! [Dr Nonhla … Now I am having difficulties with the pronunciation of this multilingual name!]
Dr Nonhlanhla Mkhulisi of the Department of Arts, Culture, Science and Technology - and the Minister can help me with the pronunciation - stated that the Constitution achieved equality of the 11 official languages, but in reality only the legal status has changed. The survival of democracy in South Africa is dependent on recognising, amongst others, that language diversity is not a problem, but a challenge.
Die onus is op ons, die Parlement, die Regering, die leiers, om die proses van veeltaligheid, soos vervat in ons Grondwet, ‘n werklikheid te maak tot voordeel van almal in Suid-Afrika. Hierdie beginsel geld ook vir die res van Afrika se inheemse tale. Ons verskeidenheid is ‘n hulpbron tot nasiebou, vooruitgang, bemagtiging en ontwikkeling. Ons verskeidenheid is ‘n hulpbron tot ‘n werklike Afrika-renaissance. Ons is besorg oor en bestee miljarde rande aan fisiese kommunikasiehulpmiddels soos paaie, telefone, sellulêre fone, e-pos en brûe, maar nêrens sien ons ‘n direkte begroting vir die uitrol van intellektuele kommunikasiehulpmiddels en -projekte soos taal nie.
Die tyd het opgeraak. Daar is ‘n opwellende debat daar buite, en hier binne is óns besig om skade aan te rig deur toe te kyk hoe eentaligheid in Suid- Afrika die oorhand kry.
Ek sluit af. Laat ons nie na mekaar kyk en lag nie. (Translation of Afrikaans paragraphs follows.)
[The onus is on us, Parliament, the Government, the leaders, to change the process of multilingualism, as contained in our Constitution, into a reality for the benefit of everyone in South Africa. This principle also applies to the indigenous languages in the rest of Africa. Our diversity is a resource for nation-building, progress, empowerment and development. Our diversity is a resource for a true African renaissance. We are concerned about and spend billions of rands on physical communication aids such as roads, telephones, cellular telephones, e-mail and bridges, but nowhere do we see a direct budget for making available intellectual communication resources and projects such as language.
The time has run out. There is a growing debate out there, and in here we are doing damage by looking on at the way that monolingualism is gaining the upper hand in South Africa.
I conclude. Let us not look at one another and laugh.]
Limfene zihlekana izifombo. [Let us not look at one another and laugh.]
Laat ons werk. [Let us work.] Sebenza. Werk. [Work.]
Moruti P MOATSHE: Monnasetilo, ntetle go eleletsa Tona ya tsa Setso le Meetlo masego mo tirogading eo lefapha le tshwaraganeng le yona. Puo nngwe le nngwe e nna puo gonne e agiwa ka mafoko. Mafoko e ka nna marumo a a tlhabang le go bolaya, mme gape mafoko a ka fodisa le go aga isago e e nonofileng mo baaging ba naga. (Translation of Tswana paragraph follows.)
[Rev P MOATSHE: Chairperson, allow me to wish the Minister of Arts and Culture well in the work that the Department is grappling with. Language is language because it is built by words. Words can be used as instruments of hurting or even killing, and words can also be used to heal and build a better future for the people of this country.]
Laat my toe om die volgende te sê. Tydens die donker jare van gedwonge
verskuiwing in Suid-Afrika het ‘n jong Duitser ‘n gesprek gevoer met een
van die jong manne in Driefontein in die huidige Mpumalanga. Die jong
inwoner van Driefontein het aan die Duitser gesê: Ja, my baas.'' Die
Duitser sê toe:Moenie my baas noem nie! Hoor jy?’’ Toe sê die jong man
onskuldig:``Ja, my baas.’’ Selfs vandag in hierdie demokratiese beskawing
is daar Afrikaners wat baas genoem wil word. Dit is primitief. (Translation
of Afrikaans paragraph follows.)
[Allow me to say the following. During the days of forced removal in South
Africa a young German had a conversation with one of the young men in
Driefontein in the current Mpumalanga. The young resident of Driefontein
said to the German: Yes, baas [boss]''. The German then said:Do not
call me baas'' [boss]! Do you hear me?'' The young man then innocently
said:Yes, baas [boss]’’. Even today in this democratic society there are
Afrikaners who want to be called ``baas’’. This is primitive.]
South Africa represents an exciting context in which to observe changes in language behaviour. Language played a central role in the sociopolitical history of this country. It has been an important factor in the development of nationalism, in building the apartheid state and in the struggle against it. Amongst the whites, language has maintained the distinction between the people of British and Dutch descent.
Under British colonial rule, particularly after the Anglo-Boer War, there was an attempt to suppress Afrikaner nationalism through curtailing the use of the Afrikaans language. Later, when the NP came to power and established the apartheid regime, Afrikaans was promoted and established as the second official language of the country.
Language was also the catalyst for the upsurge of resistance to apartheid in the 1970s. In an attempt to extend the dominance of the Afrikaans language, the apartheid government decreed that Afrikaans, rather than English, should become the medium of instruction in black schools. The students reacted strongly against the apartheid regime and this continued on numerous fronts for the next one and a half decades. That is why language was central to black people’s assertion of their identity and rights. The struggle did not centre around demands related to their own languages.
Today we have had to undertake a voyage of discovery into our antecedents and our past as South Africans. It is generally accepted that the best way for language development to occur is for the language to be used. Obviously, every South African language has been used, some more widely than others. Most unfortunately, some have been discouraged from use and are in great danger of extinction whilst others have in effect become extinct.
For a language to survive, it must be used for a wide range of functions otherwise it begins to wither and die. Thus, were we to allow higher status functions to be limited to English and Afrikaans only, the languages of the aboriginal nations would eventually begin to wither and die. We have seen this happen to many of the Khoi and San languages, and their extinction is a loss not only to the communities which used them, but also to the nation. It is a national disaster.
When a language dies, very often, a whole body of knowledge dies with it. A rediscovery of ourselves is a task at hand to encourage the use of official languages and all the other languages used in South Africa in a wider range of contexts and for an increasing range of purposes.
Aa ke sekgobo go itse dipuo tsa merafe e mengwe? Go ya ka bangwe, ba ba sa batleng go bua dipuo tsa merafe e mengwe, mme bona ba batla gore puo ya bona e bolelwe ke merafe e mengwe. Go itse dipuo tsa merafe e mengwe ke letlotlo le lehumo. (Translation of Tswana paragraph follows.)
[It is a bad thing to know the languages of other race groups? There are people who do not want to learn other languages, yet they want others to learn their own languages! To know the languages of other people is both an honour and it is enriching.]
It is surprising to note that the first-language speakers of the two official languages English and Afrikaans comprise only one quarter of the population of the country. It is generally recognised that our linguistic diversity is intimately linked to ethnicity. In many respects, the attempts to force a link between linguistic and ethnic entities in the past was the result of 19th century colonialism.
It is therefore a fact that linguistic autonomy of the nine African languages was engineered in terms Western sociopolitical criteria, which resulted in artificial language boundaries. This fact, in turn, gave rise to the use of language and ethnicity as instruments to justify the apartheid principle of divide and rule. In terms of the new Constitution of the Republic of South Africa, the Government, and thus the Department of Education, recognises that our cultural diversity is a valuable national asset. Hence it is tasked, amongst other things, to promote multilingualism, the development of the official languages and respect for all languages used in the country - including the South African sign language and the languages referred to in the South African Constitution.
The second point is that the inherited language in education policy in South Africa has been fraught with tension, contradiction and sensitivities, and is underpinned by racial and linguistic discrimination. A number of these discriminatory policies have affected either … [Time expired.] [Applause.] The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Die agb lid me E C Gouws is die volgende spreker, en ek hoop ek is nie hierdie keer weer deurmekaar nie! [Gelag.] [The hon member Ms E C Gouws is the next speaker, and I hope that I am not confused again this time! [Laughter.]]
Ms E C GOUWS: Mr Chairperson, I am the confused one, because according to the list I am to speak in English, but I am going to speak in Afrikaans. Could you please ask the hon members to tune their earphones, please.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): U is welkom! [Gelag.] [You are welcome! [Laughter.]]
Me E C GOUWS: Ons Handves van Regte plaas ‘n besondere premie op taal, kultuur en godsdiens. Ingevolge artikel 30 het elkeen die reg om die taal van sy eie keuse te gebruik en om aan die kulturele lewe van sy eie keuse deel te neem. Ingsgelyks beskerm artikel 31 die reg van taal-, kultuur- en godsdiensgemeenskappe om hulle eie organisasie te bedryf. Teen hierdie agtergrond moet ook dan die artikel wat met die amptelike tale handel, verstaan word.
In die grondliggende bepalings van die Grondwet, in artikel 6, word 11 amptelike tale ingestel. Hoewel die gelykheid van status en aansien deur die Grondwet gewaarborg word, is dit duidelik uit die bewoording van subartikels (3) en (4) dat daar nie noodwendig gelykheid ten opsigte van die gebruik van die tale gewaarborg word nie. Dié subartikels bepaal naamlik dat die taalgebruike en -voorkeure van die bevolking op nasionale, provinsiale en munisipale vlak in ag geneem moet word wanneer die gebruik van die tale gereël word.
Die DP beklemtoon die reg van elkeen om te alle tye sy eie taal te gebruik. Dit is ‘n basiese reg. Wat die gebruik van amptelike tale en rekordhouding deur die Staat betref, moet op die verskillende regeringsvlakke ‘n praktiese evaluering plaasvind en moet die algemene gebruik van tale in die jurisdiksionele gebied van die regeringsvlakke in ag geneem word.
Die amptelike tale op munisipale vlakke sal aldus in die meeste gevalle op drie te staan kom, behalwe in hoogs geïndustrialiseerde gebiede, waar dit waarskynlik meer sal wees. Die DP glo dat dit in ooreenstemming sal wees met die letter en gees van die Grondwet om in gevalle van twyfel eerder in die guns van veeltaligheid te beslis - liewer meer as minder.
Afgesien van die staatsamptelike gebruik van taal, kom die heel belangrikste aanwending van ‘n taal onses insiens voor op die gebied van die onderwys. Die DP spreek hom op opvoedkundige gronde sterk uit ten gunste van moedertaalonderwys vir minstens die eerste sewe tot agt skooljare. Gesien die plek wat taal in die breë kulturele lewe speel, is die DP sterk ten gunste daarvan dat alle burgers toegang moet hê tot skole met ‘n voertaal van hulle eie keuse.
Die DP glo ook dat Suid-Afrika se belange gedien sal word as studente ‘n keuse sal hê om ‘n universiteit of kollege by te woon wat die taal, kultuur en etos van hulle keuse adem. In hierdie verband het die vorige president hom in die openbaar uitgespreek ten gunste van ten minste een Afrikaanse universiteit. Mnr Tony Leon, ons leier, het reeds in die openbaar ‘n beroep op President Mbeki gedoen om nou so ‘n aanwysing te doen. Ek herhaal hierdie oproep.
Die DP verset hom teen die gedagte dat daar meer en meer voorkeur aan een taal gegee word. Veeltaligheid met ‘n vrye keuse wat aan die taalgebruiker gegee word, is ‘n grondbeginsel van die DP. Vir hierdie keuse sal ons ons beywer en hieroor sal ons weer en weer, en wéér, standpunt inneem. (Translation of Afrikaans paragraphs follows.)
[Ms E C GOUWS: Our Bill of Rights places a particular premium on language, culture and religion. In terms of section 30 everyone has the right to use the language of their choice and to participate in the cultural life of their choice. Similarly section 31 protects the right of linguistic, cultural and religious communities to maintain their own organisation. The section which deals with the official languages must also be understood against this background.
In the founding provisions of the Constitution, in section 6, 11 official languages are recognised. Although equality of status and prestige is guaranteed by the Constitution, it is clear from the wording of subsections (3) and (4) that equality in respect of the usage of languages is not necessarily guaranteed. These subsections provide that the language usage and preferences of the population must be taken into account at national, provincial and municipal level when the usage of the languages is arranged. The DP emphasises the right of everyone to use their own language at all times. This is a basic right. As regards the usage of official languages and record-keeping by the state, a practical evaluation must take place in the different tiers of government and the general usage of languages in the jurisdictional sphere of the tiers of government must be taken into account.
The official languages at municipal level will therefore in most cases amount to three, except in highly industrialised areas, where it will probably be more. The DP believes that it will be in accordance with the letter and spirit of the Constitution in cases of doubt rather to rule in favour of multilingualism - rather too many than too few.
Apart from the official usage of language, the most important usage of a language is, in our opinion, in the sphere of education. With regard to education the DP is very strongly in favour of mother-tongue education for at least the first seven to eight school years. Considering the place which language plays in general cultural life, the DP is strongly in favour of all citizens having access to schools with a medium of instruction of their choice.
The DP also believes that South Africa’s interests will be served if students will be able to choose to attend a university or college which embodies the language, culture and ethos of their choice. In this connection the previous president publicly expressed himself to be in favour of there being at least one Afrikaans university. Mr Tony Leon, our leader, has already publicly appealed to President Mbeki to make such a designation now. I am now repeating this appeal.
The DP is opposed to the idea that more and more preference be given to one language. Multilingualism with a free choice being given to the language user, is a fundamental principle of the DP. We will strive to promote this choice and we will continue to adopt this standpoint.]
I thank you. Enkosi. Ngiyabonga. [Applause.]
Mr M J BHENGU: Sihlalo, ngicabanga ukuthi nxa sikhuluma ngalolu daba kuyinkinga ukuthi sizofikaphi nalo ngoba sengathi udaba olunzima. [Chairperson, I think that when we discuss this issue we will have a problem with to what extent we are going to deal with it since it is a serious topic.] But if I may quote what Chinua Achebe said in 1964, he said:
Is it right that a man should abandon his mother tongue for someone else’s? It looks like a dreadful betrayal and produces a guilty feeling. But for me, there is no other choice. I have been given a language and I intend to use it.
He had no choice but to use it, simply because he was given a language by force, of course.
The issue of language in this Parliament has been there for some time, and it looks as if it will continue for some time, because it is very clear that there is a section of us here who are worried that there is no equality in the use of languages in Parliament. Administratively this was addressed, and we thought that it was not practicable to use all languages.
However, what is interesting is that Afrikaans and English are the languages that have been used in Parliament, and the languages of the majority of our people have not been used. Now the complaint comes from the other side of the line. That is the most interesting thing, because actually the two languages, English and Afrikaans, are colonial languages that had no intention other than to subjugate the African languages. That is what puzzles me, and is my fundamental argument. For instance, English occupies an unassailable position in our lives right now - in our culture and our politics. [Interjections.]
During our schooling days any achievements in spoken or written English was highly rewarded and acknowledged with prizes, prestige and applause. English became the measure of intelligence and ability in all branches of learning. It became the main determinant of our progress up the ladder of formal education. Even today, if a nigger speaks good English or ``mooi’’ [fine] Afrikaans, he or she is rated as an intelligent person and is even able to get a job.
Those are the symptoms and signs of the mental damage caused by the colonial demon. [Laughter.] Therefore, promotion of multilingualism should start from the realisation that our African indigenous languages were intentionally and purposely suppressed, and in this day and age of the African renaissance, African languages should actually be given priority. However, as one can see, we have not ranted and raved about the fact that they are not given the first priority.
We all know what the causes of the 1976 Soweto riots were. It was none other than Afrikaans which was imposed and forced down the throats of our people. Apartheid forced Afrikaans down the throats of the majority of our people. The Constitution, of course, allows 11 languages to be used as official languages, which include Afrikaans and English.
Language has a dual character: it is both a means of communication and a carrier of culture. For instance, if one takes English one finds that it is spoken in Britain, Sweden and Denmark. However, for the Swedish and Danish people English is only a means of communication, and is not a carrier of culture. [Time expired.] [Applause.]
Re D KGWARE: Motlotlegi Monnasetulo, gammogo le batlotlegi ba ba leng fano thapameng ya letsatsi le, gompieno re tota re kopane ka kgang e eboima kgang, e amanang le puo mabapi le go tlotlomatsa dipuo tse di fapaneng tsa merafe ya lefatshe la rona la Aforika Borwa. Re se ka ra lebala se sediragetseng ka 1976 kwa Soweto ka lebaka la go lotleletsa le go lhlothlometsa gore bana ba rutiwe ka Se-Afrikaans. Seo se re tliseditse diphetogo mo thuthong ya rona.
Se ke ntlha e tona fa re bua ka dipuo, mme re seke ra lebala gore go sule batho ba le bakae ka ntha ya dikgotlang tse di tlisitsweng ke dipuo tsa rona, segolobogolo puo ya Se-Afrikaans le puo ya Se-esemane. (Translation of Tswana paragraphs follows.)
[Mr D M KGWARE: Mr Chairperson, hon members who are here this afternoon, we are here to discuss a very difficult issue, an issue which deals with empowering the various languages of the people of South Africa.
Let us not forget what happened in Soweto in 1976, when our children were forced to have Afrikaans as their medium of instruction. This is an important consideration which should be borne in mind when we deal with this issue. We should never forget all the problems that were caused by our languages, more especially Afrikaans and English.]
There were only two choices - English and Afrikaans. Ninety per cent of us whose home language was any of the nine official languages, ie isiZulu, isiXhosa, Sesotho etc, had no chance whatsoever of being taught in our mother tongue. I am referring particularly to the situation that led to the 1976 riots. The situation was very bad.
The language which our mothers taught us as soon as we were weaned from the breast was simply ignored. The language we first used to express our joys and sorrows was ignored. The language we found solace in after a long day of struggle to understand what we were being taught in school was ignored. We were taught in Afrikaans without any regard or consideration for whether we could speak or understand the language. Sometimes we sat there without actually knowing what was happening.
Today South Africa has come a very long way from the dark days of apartheid. When we drafted our Constitution, we took special care to protect the unique diversity of our languages, religion and culture. We knew how painful it was to have the most powerful form of any human communication - language - snatched away from us and all but crushed in a crude attempt by the apartheid government to suppress our spirit.
We in the ANC could never be that cruel to our people, regardless of what language they speak. That is why we have written in our Constitution that South Africa has 11 official languages.
Mathata a re kopanang nao ke gore re tshwanetse go ruta bana ba rona kwa dikolong ka dipuo kgotsa maleme a sele, ao ba sa kgoneng go tshwara dithuto tse ba di rutiwang. Mo ntlheng ya didiriswa mo dikolong tse di gaufi, bana ba rona ba busediwa kwa morago kwa magaeng, gonne dikolo tseo di sa ba tshwanela. (Translation of Tswana paragraph follows.)
[The problem we have encountered is that our children are taught in other languages, which makes it difficult for them to understand their lessons. On the question of facilities in the nearby schools, we find that our children are sent back home from those schools because it is felt that they are not good enough to attend them.]
It has been very difficult to send one’s child to the so-called Model C schools, even when they are nearby. One simply could not do that, because that particular school would not be able to give tuition in Sesotho, isiZulu or isiXhosa. One had to take one’s child to a school 30 km away instead of to a school in the neighbourhood.
We cannot afford, nor should we tolerate, a situation in which our children are turned away simply because they do not speak the language. The last thing we need in South Africa is lingualism. We were taught this painful lesson in our fledgling democracy by the Vryburg situation and all the other Vryburgs, especially in the remote rural areas of our country where racism is still alive and well despite being outlawed.
However, we also cannot ignore the fact that we are no longer subject to sanctions which effectively isolated us from the rest of the world. We are part of the global village, something which our Minister of Trade and Industry, Alec Erwin, can painfully attest to, given the unnecessary complications encountered in the European Union negotiations.
As part of their continued education and training, our children need to interact with the international community. What kind of preparations are we making for that? For that purpose, we need to hold on to a language that can be internationally recognised and understood. No matter how much we want to rail against the injustice of promoting a coloniser’s language, the bitter irony is that for legal reports and all other intents and purposes, we have to teach all of our children in English for now.
At the same time, whilst we - constitutionally, morally and in every way it matters - acknowledge that we are a multilingual country, we need to manage that diversity. We do not want to develop elitism in any of our languages, and I believe that the answer may lie with the provinces and our local government structures.
We should accept that each province has its own peculiar language grouping, for example the Northern Cape has English, Afrikaans, Setswana and isiXhosa, just as each of the nine other provinces have their own unique combination of languages. Given this linguistic differentiation, provinces should try to promote the idea that every school within a province be responsible for ensuring that those languages are accommodated.
We should task MECs for education, together with local government authorities, to investigate and report to the NCOP on this matter. We must be clear that we are not seeking linguistic disempowerment or promoting English for all schools, nor are we relegating any of the other languages spoken in the provinces to second rate languages or marginalising them in any way.
What we want for our children is not stigmatised multilingualism. May I for a moment be allowed to make a biblical reference on the basis of which God punished the wicked of the Tower of Babel by dividing them through multilingualism. [Time expired.]
Ms S N NTLABATI: Chairperson, the key challenge facing our new democracy is the need to rebuild the nation, which was severely fragmented by apartheid. The debate on multilingualism and ethnic identities must be understood within this context.
The new South Africa has given rise to the following: Firstly, the impetus for the evolution of a broad nonracial identity. Secondly, the emergence of ethnic and racial identities in new forms.
How do we reconcile this impetus? While an ethnic group comprises people who share a sense of belonging together on the basis of cultural criteria such as language, religion and customs, a racial group comprises people who share certain physical characteristics such as skin colour. Ethnic groups often flow from an in-group feeling of togetherness and usually define their own boundaries.
However, it must be borne in mind that the terms ethnic group'' and
race’’ are often used interchangeably, and sometimes conflated with
nation, whereas nation refers to a group of people who share a common
territory, economy, political sovereignty and a sense of belonging to one
another. Hence nations can be multiracial and multi-ethnic. Nations can be
multilingual in the modern world, and they usually are.
An important consideration with regard to the promotion of national unity is not that people should speak any one particular language, but that they should be able to communicate. Multilingualism and national unity are congruent - they are not contradictory. Therefore, ethnicity, as such, is not inherently conflictual or irreconcilable with national identity. It is the way ethnicity has been politicised - in particular the way it has been used to secure economic and political goals - that is divisive and undermines nation-building.
A nation has to be significantly forged on the basis of the existing identities that pervade the country. A South African nation would have to build on the positive and harmonious aspects of the ethnic identities of people. The challenge, in fact, before our new democracy is to provide this space for people to express multiple identities in a way that fosters the evolution of a South African national identity.
As Deputy President Thabo Mbeki, as he then was, said in his famous speech, ``I am an African’’:
African renaissance rejoice in the diversity of our people and creates the space for all of us, voluntarily, to define ourselves as one people, the rainbow nation.
The notion of the rainbow nation paves the way for deepening nonracialism in a multicultural environment.
Given the present phase in the nation-building process, considerable room has been given for the expression of diversity. The new Constitution provides for a commission for the promotion and protection of the rights of cultural, religious and linguistic communities, and so does the Bill of Rights.
The expression of this diversity must, however, ultimately serve to foster national unity. For example, the language policy of the new South Africa must ultimately provide for the use of and respect for all languages in a way that simultaneously allows for the emergence of one or two main languages that will facilitate that national unity. And those languages will pave the way for us to enter into the global markets.
South Africa, in its approach to languages within the context of identities and nation-building, is consistent with international norms as espoused by the United Nations, which declared 1993 the Year of Indigenous People and in 1995 launched the Decade of Indigenous People.
The reality of the global economy is that one’s languages will be used more frequently than others. It is something all countries will have to confront. From South Africa to France, we will have to make sure that the vibrancy of our languages is retained, although we use a common language.
We need to shape and guide our entry into the global community, so that our participation does not occur at the expense of the growth of other languages. An important precondition for economic growth and development is the establishment of a stable and cohesive country. A fragmented country cannot produce an economically growing country. Nation-building, based on a multiple identity, is an important contributor to growth, just as a stable currency and low levels of inflation would be.
Ngiyabonga. [I thank you.] Ndisaphila. [I am well.]
Mr N M RAJU: Chairman, hon colleagues, ngiyanibingelela. [I greet you.] The peoples of South Africa depict a rich kaleidoscope of diverse cultures and, therefore, what we have in our country today is a multilingual Republic. As the Constitution enshrines 11 official languages, it follows that the vernacular or mother tongue of every cultural group or minority is assured and respected.
Freedom of choice of language - like the other freedoms, ie religion, speech and choice of residence - is the kernel of empowerment of especially those South Africans who have been denied, through legislation or by a misguided ideology, the free and unfettered use of their mother tongue.
To cultivate an interest in one’s language and to ensure that the language flourishes in all its splendour, is to guarantee the freedom of the individual in every other respect. The education of our children demand that communication is paramount in leading them from the known to the unknown.
Mother-tongue instruction is indispensible when the child takes the first tentative steps towards schooling. Let me ask you a rhetorical question, Mr Chairman. What do you remember vividly: a story written in cold print or a story you were told when you were seated on the lap of your grandmother or grandfather, related to you in your beautiful mother tongue, replete with imagery and figurative language?
Therefore, any attempt to stifle or undernourish the growth and flourishing of any group’s mother tongue is tantamount to a denial of one’s freedom. It would be an attempt to impugn the dignity of that group and, thereby, diffuse the spirit of the Constitution.
No one cultural group must ever be slighted or made to feel inferior as was the norm during the apartheid years. Incidentally, apartheid took away the beauty and vibrancy of a language such as Afrikaans, which, because it was a language of the regime, became tainted as being the language of the oppressor.
We must not allow the language to languish in the backwaters of history. Let our Afrikaner brethren - our fellow South Africans - refurbish their language and restore it to its intrinsic worth. And so too I plead for other indigenous languages, the languages of communities that speak isiZulu, isiXhosa, Sesotho, Setswana, etc, to do the same! Members have heard this afternoonÿ.ÿ.ÿ. [Time expired.] [Applause.]
Mr L SUKA: Chairperson, I would like to extend the membership card of the ANC to some members of the opposition parties so that they can join the ANC. I will do so very soon. [Laughter.] My speech on the matter that is being discussed today is very brief.
Matters of social equity and justice are central to any policies on multilingualism. Multilingualism involves the promotion of consciousness of both language and cultural awareness amongst communities. The exercise is empowering for the individual, and it is also politically liberating for various social groups in this country.
So I will focus briefly on the role of PanSALB. The PanSALB Act, Act 59 of 1995, states that PanSALB has, amongst its other roles, a mandate to promote multilingualism. The question that comes to my mind is: Has PanSALB been able to encourage that kind of mandate? The answer to me is quite clear - it has not achieved its objective of promoting multilingualism in South Africa. There are various reasons for this. Amongst the challenges the PanSALB board faces is the question of representivity. The composition of the board, which is supposed to promote multilingualism, does not represent all South Africa languages referred to in Section 3(1) of the Constitution. The overrepresentation of other languages distorts the image of multilingualism and the constitutional obligation of promoting their equal use and enjoyment.
The fact that some official languages are not represented on the Board poses a serious challenge in matters of social equity and justice. Does that mean that there are no language experts in those languages that are supposed to be brought on board? The board is also composed mostly of academics from various academic institutions, and few members, if any, from other language institutions such as schools, NGOs and the media.
Ngaba oku kuthetha ukuba azikho iingcali zeelwimi zethu kwiidyunivesithi esinazo ezinjengeUnitra, i-Fort Hare, iDyunivesithi yaseMntla, i-Unibo, nakumaziko osasazo? Kutheni singaziboni nje zikwibhodi eyongameleyo?
Ngaba iidyunivesithi ezimelweyo kule bhodi, eyase-Stellenbosch, eyase-Free State neDyunivesithi i-Wits zinezona ncutshe na kwiilwimi zethu eMzantsi Afrika? [Uwele-wele.] Ngaba ezi zinabantu abamnyama zijongelwe phantsi nakule minyaka sithi sikhululekile? Ngaba oku kunika umfanekiso wokuba ezi zifundiswa zona azikho kumgangatho othile onokwenza iinguqu kwiilwimi zethu zeli phakade? [Uwele-wele.] (Translation of Xhosa paragraphs follows.)
[Does this mean that there are no experts in our languages at our universities such as Unita, Fort Hare, the University of the North, Unibo and the broadcasting centres? Why do we not see them in the board that oversees.
Do those universities which are represented on the board, the University of Stellenbosch, University of the Free State and Wits University, have the best experts even with regard to our languages in South Africa? [Interjections.] Is it that those which are manned by black people are being looked down upon even in these years of freedom? Does this give the impression that these learned people are not of a certain quality that can bring about change in the languages of this world? [Interjections.]]
Now I come to the visibility of the board.
Ayaziwa i-PanSalb, nkqu nalapha phakathi kwethu. Bambalwa abantu abaziyo ukuba u-PanSalb ngokupheleleyo umele ntoni na. Ukuba ngaba bendinokuthi ngoku masibhale ngokupheleleyo u-PanSalb, abantu abaninzi bangafumana igungcu kwishumi. [Kwahlekwa.]
Ndithe le Pansalb ayaziwa ngabemi boMzantsi Afrika abaninzi. Yaziwa ngabantu abafundileyo nabafunda amaphepha esilungu kuphela. Inxibelelana kuphela noluntu olukwazi ukufunda la maphepha esilungu sithetha ngawo. (Translation of Xhosa paragraphs follows.)
[PanSALB is not known, even amongst ourselves. Few people know what the full name of the acronym PanSALB stands for. If I can say let us write out the full name of PanSALB, many people would get less than ten. [Laughter.]
I said this PanSALB is not known by many people among South Africans. It is only known to educated and those who read white people’s newspapers. It only communicates with people who can read these white people’s newspapers we refer to.]
They advertise their projects on language development in English and Afrikaans newspapers whose readers are intellectuals.
Abantu bethu abakwisininzi kweli loMzantsi Afrika abaveli. [Our people who are in the majority in South Africa do not appear anywhere.]
I have never heard any announcement on radio stations of projects promoting the languages and multilingualism in South Africa. I have never seen any fliers or brochures in African languages being used to inform the ordinary man in the street.
Nditsho ndicinge ke kumaphandle anjengeKwaZulu-Natal neMpuma Koloni. [I immediately think about the rural areas like those in KwaZulu-Natal and the Eastern Cape.]
We always hear about launches at universities, such as literature development at Unisa, on the grapevine. Communities do not receive any feedback. The question is: For whose benefit are these projects? What is their target group or class of society? I think that teachers, the media, students and the public need to know about these projects in order to make their inputs where necessary.
Le nto ke ndiyithetha kuba ndisazi ukuba kweliya lam iphondo inqabile inkqubela-phambili kwiilwimi nakuMzantsi Afrika uphela kodwa zikhona zona izigqeba (structures) kumaphondo alapha eMzantsi Afrika. [I am saying this because I know that in my province and in the rest of South Africa progress in languages is scarce, but there are structures in the provinces of South Africa.]
Structures such as the provincial language committee have been established in some provinces, such as the Eastern Cape. This is very much appreciated, but these committees are almost not functional - I do not want to use a strong word - and invisible to their communities. One of the reasons could be that they are not close to the people on the ground. The emphasis is on intellectuals. For example, no announcement about the committee, that is the PLC, was made on radio stations such as uMhlobo Wenene. It was published only in the Daily Dispatch, a local English newspaper in the province. Was that enough to promote multilingualism? Certainly not at all.
For instance, up until now, provinces such as the Eastern Cape have no language policy. Fortunately, it has also been mentioned here that this is in the process stages at national level. I also understand that the reason is that there is no national language policy which is being processed. So it is a challenge. Ever since 1994 - and it is now six years down the line
- we have needed to accelerate change at this level.
On the question of the development of the previously marginalised languages, up until now no specific language development projects have been announced. The issue of the development of African languages has never been a priority. The development of languages should have been a point of departure before the establishment of the PLCs. African languages still have their old status, after the old language bodies were abolished, whilst other languages have never stopped developing, even today. That relates also to the budget. Where one wants to develop this multilingualism at the higher institutions, the budget always goes to those that are advantaged. Our disadvantaged universities are nowhere to be found. [Time expired.] [Applause.]
Mr B J MKHALIPHI: Mgcinisihlalo, lishonile nine bekunene. [Chairperson, good afternoon, ladies and gentlemen.]
In his speech on 13 August 1998, our President, Thabo Mbeki, then Deputy President, spoke not for the first time, of the concept of an African renaissance. He spoke of a need for Africa to move away from the conflict of arms, wars, dictators, corruption and self-destruction, and become the midwife of the African renaissance.
He saw the African renaissance as ``our rebirth as a continent’’ and defined it further by likening it to -
… our own rediscovery of our soul, captured and made permanently available in the great works of creativity represented by the pyramids and sphinxes of Egypt, the stone buildings of Axum and the ruins of Carthage and Zimbabwe, the rock paintings of the San, the Benin bronzes and the African masks, the carvings of the Makonde and the stone sculptures of the Shona.
His challenge to all of us was to -
… call for Africa’s renewal, for a … rebellion … against the tyrants and the dictators … who seek to corrupt our societies and steal the wealth that belongs to the people.
I believe we can have no African renaissance without the promotion of African languages. We are not talking about paying lip service to reform by putting ``black faces in white places’’, but the implementation of a viable, democratic language policy. If we fail to adopt short-term, medium- term or even long-term plans to develop and enhance the status of our indigenous languages in South Africa, we risk having the dominant political group of apartheid South Africa playing the gatekeeper to privilege, political power and economic prosperity.
In South Africa we have witnessed what the elevation of English and Afrikaans as the official languages of government at all levels has done to promote exclusionism. We have seen a language policy, driven by political and ideological motives, cater primarily to the interests of white supremacy and effectively ignore the needs of speakers of African and other languages. If we fail to actively promote our African languages, we risk maintaining a vicious cycle of the poor majority becoming poorer and being even more marginalised, and the rich few becoming even richer. The promotion of African languages is no small task, but we have never turned away from a challenge before, especially when the stakes are as high as they are now.
We have to conduct extensive research to demonstrate African languages as a viable resource to promote our Africanness, our rich culture, our diversity and our traditions. We must be proud of our African heritage.
Perhaps we have something to learn from African-Americans. There are some indications that, at least in some quarters of American society, there is a quest to return to their roots. Some African-Americans have interpreted these roots to mean a return to Africa. Through a pilgrimage to Africa, the celebration of Kwanza and other African ceremonies, and the wearing of traditional African clothing and hairstyles, they demonstrate their close association with Africa.
As a continent we need to recognise the potential that African languages have as power tools in the rejuvenation of Africa. That potential is unleashed in such settings as mediums for tuition in tertiary and primary education institutions, business transactions, tourism and everyday activities that add to the productivity of our continent. Unless we use our indigenous languages in all aspects of our daily lives, they will not become independent of the shackles of European influence.
After the 1994 election, we as a country were thrust into a new international paradigm. These international norms and standards quickly revealed both their pros and cons. The word ``globalisation’’ and the concept of a global village became entrenched in our society and its ramifications did not hit us all at once. It was only a good few years into our new democracy that we realised that we also needed to protect our Africanness from the effects of globalisation.
We have learned, as a nation, that globalisation can only be truly meaningful if all participants benefit equally, without any form of exploitation taking place. We have learned also, that we need to sustain the development of our African literature and culture. And we have learned that our natural resources, such as minerals, agriculture and tourism should benefit Africans first.
South Africa’s - and indeed, all other African states’ - rich language heritage must be preserved at all costs. We need to recognise who we are and where we want to be as a nation, as a continent.
Sinye-ke setibonelo tekubukelwa phansi kwetilimi tendzabuko yase-Afrika, nguloku lokwenteka elulwimini lwesiSwati. Khona lapha ngekhatsi kweNingizimu Afrika siSwati sitsatfwa njengelulwimi loluseluncane, lolusakhasa. Kantsi sive semaSwati naso sive sendzabuko njenganobe ngusiphi lesinye sive kuleti teluhlobo lwebeNguni. (Translation of Swati paragraph follows.)
[One example of the undermining of indigenous African languages is the case of the Swati language. Within South Africa siSwati is considered to be a young language, yet the Swazi nation is as indigenous as any of the Nguni ethnic groups.]
The African renaissance in the context of language should be seen as a rebirth, redefinition, reawakening, re-evaluation and reaffirmation of our linguistic heritage.
Mr J O TLHAGALE: Chairperson, hon members of this hon House, multilingualism is a dynamic process which empowers the speakers of different languages to convey messages in a language or languages of their own choice. It also displays some measure of sensitivity for the need of different communities to express themselves in their own indigenous languages.
Prior to the homelands systems, the Dutch and English regimes had promoted monolingualism in South Africa. The result was that the indigenous languages lacked recognition and development. However, according to the book People of South Africa: Population census 1996, more people speak indigenous languages now than was ever reported in previous census statistics.
In terms of section 6(5) of the Constitution, a Pan South African Language Board has to promote and create conditions for the development of official languages. The current budget reflects an increase in funding for the National Language Services for the purposes of translating, interpreting, editing, language planning and national terminology. Language is the most important tool for the development of both individuals and communities in offering them education, which would enable them to change their conditions of life.
Language is a medium of transmission for political, commercial and professional communication. The development of a whole country politically and economically depends on communicative efficiency, which is based on language.
Setšhaba sengwe le sengwe se ipela ka puo le setso sa sona. Motho fa a rata go tlhagisetsa modimo maikutlo a a tebileng a pelo ya gagwe, o dira jalo ka puo ya ga gabo. Ka jalo rona mo UCDP re itumelela Molaotheo wa Aforika Borwa, o o neelang ditšhaba tsotlhe kgololosego le kamogelesego ya dipuo tsa tsona. Re dumela gore go senne puo epe e e tla dirisiwang go gatelela dipuo tse dingwe, jaaka gone go diragala mo nakong e e fetileng. [Legofi.] (Translation of Tswana paragraph follows.)
[Any nationality is proud of its language and culture. Whenever a person wants to communicate his or her deepest thoughts to God, he or she does so in his or her own mother tongue. Therefore, we in the UCDP support the South African Constitution where it gives each nationality the freedom to use its own language. We believe that no language should be used to suppress other languages, as used to happen in the past. [Applause.]]
Mr M I MAKOELA: Chairperson, we must take it upon ourself to ensure that never again as a nation do we create conditions that will render people subject to humiliation because of the language they speak.
Nation-building is one of the central themes in contemporary African society. Therefore we have to respond to our set of linguistic circumstances and our cultural diversity in a responsible and constructive manner. The present reality is neither preordained nor immutable, nor is it immune from the forces of change that can be unleashed through a democratic language revolution.
Mohlomphegi Modulasetulo, maekemisetso a tlhotlheletso ya kago ya setshaba, magareng go tse dingwe, ke go tswetsapele botseya-karolo bja setshaba ka moka mererong ya go aga le go tsweleletsa ekonomi ya naga, go kgontsha leloko le lengwe le le lengwe la setshaba go ka tseya karolo, le go hwetsa phitlhelelo ya maleba mererong ya thuto.
Ge re ithuta ka ga tseo di kilego tsa diragala mo nageng ya gabo rena, re tlo lemoga tshenyo yeo e tlisitswego ke go gapeletsa go ba le maleme a mabedi fela a semmuso, moo bontsi bja setshaba bo ilego bja palelwa ke go fihlelela maemo a bophelo bjo bokaone. Ka go realo, ga se ra swanela go somisa pharologano ya maleme go ba sebetsa sa go kgaoganya setshaba. (Translation of Sepedi paragraphs follows.)
[The challenges that are faced by the policy of nation-building are, inter alia, to enhance participation by the entire nation in matters that relate to the development of this country’s economy; to ensure that every citizen is able to participate meaningfully in the development of all official languages and to have the necessary access to education.
When we study the history of our country, we are shocked to note the havoc caused by the enforced policy of bilingualism through which the majority of the people were systematically excluded from having access to a meaningful standard of living. Therefore, we should not use the language diversity as an instrument to divide the nation.]
Instead, Deputy Chair, ours should be seen as a position of strength rather than a position of weakness. Our goal is to maximise multilingual communication competence …
… go tswetsapele mekgwa ya go bopa le go aga dipolelo tsa naga ye, go nyaka mekgwa ye mekaone ya go bopa poledisano ka maleme a, gape le go phela mmogo bjaloka setšhaba se tee, moo maleme ka moka a hwetšago tlhompho le maemo a maleba. (Translation of Sepedi paragraph follows.) [… to promote and create conditions for the development of all official languages, to seek meaningful methodologies of promoting multilingual communication and to co-exist as one nation, in which all official languages enjoy parity of esteem and respect for their status.]
Therefore, language policy and its implementation should not only articulate language rights as a fundamental human right, but should also focus on language as a functional resource, a vehicle for nation-building and a functional and communicative element. It should not only be regarded as a symbolic element in the lives of human beings and should not be used as an instrument to divide our nation.
Daarom is dit van die uiterste belang - en dit is die verantwoordelikheid van elke lid van die Suid-Afrikaanse volk - om ‘n poging aan te wend, en om aan te dring op die ontwikkeling van beter toestande vir nie net een nie maar al die tale van die land, om sodoende te verseker dat daar samewerking en ‘n voorspoedige samelewing in Suid-Afrika sal wees. [Applous.] (Translation of Afrikaans paragraph follows.)
[Therefore it is of the utmost importance - and it is the responsibility of every member of the South African nation - to endeavour to achieve, and insist on the development of improved conditions for not just one, but all the languages in the country, in order to ensure that there will be co- operation and a prosperous society in South Africa. [Applause.]]
The CHAIRPERSON OF COMMITTEES: Order! I have always thought I have beautiful features, but the member has just referred to me as ``Deputy Chair’’, who is a man. [Laughter.]
Mr A E VAN NIEKERK: Chairperson, I am not going to comment on your features. They are beautiful. [Laughter.]
Ons het vandag hier die ``magic’’ beleef van die diversiteit van taal in Suid-Afrika. Ek bedank ons tolkdiens vir die rol wat hulle gespeel het.
Ek het vandag by my kollegas die versugting gehoor dat daar ‘n behoefte is aan die erkenning van al die inheemse tale van Suid-Afrika, ook in die praktyk. As ons praat van die bevordering van veeltaligheid, kan ons Engels maar los. Engels is sterk genoeg en kyk wêreldwyd na homself. Ons soek egter inligting in al ons inheemse tale, wanneer ons praat en vorms invul vir grondhervorming, hospitalisering, ens. As ons dit bereik, sal ons werklike deursigtigheid en bemagtiging hê. Die bepalings in ons Grondwet moet nou ‘n werklikheid word en nie net papierbeloftes bly nie.
Agb lede hoor die ongeduld en die vergelykings wat getref word met die opstande van 1976. Gedurende die afgelope ses jaar het ons nog nie ‘n skakeltaal ontwikkel in Suid-Afrika nie. Vandag het vir ons bevestig dat dit nie net een taal kan wees nie. Ek verskil van die agb lid mnr Suka - en ek sê nie vir hom ``suka’’ nie, ek verskil net van hom - oor sy insig wat hy het rondom PanSAT. Ek wil PanSAT bedank vir die goeie werk wat hulle reeds doen. So ook die taalkomitees wat in plek is en die ander rolspelers.
In die lig van die antwoorde vroeër deur die twee agb Ministers oor taal, en van hierdie debat vandag en met die Grondwet in my een hand en die Reëls van die NRVP in my ander hand is ek daarvan oortuig dat die tyd ryp is dat ons in hierdie Huis ‘n wesenlike bydrae moet lewer; dat ons iets op die tafel moet sit. Ons moet ophou om partypolitieke punte te wil aanteken, om suutjies te praat, te protesteer, en te verwyt, om net petisies te onderteken en ongelukkig toe te kyk hoe die proses om veeltaligheid te bevorder stadig of glad nie ontvou nie.
Ons het te doen met ‘n staatkundige saak, wat staatkundig opgelos moet word en daarom kondig ek nou amptelik aan as hulp dat ek môre volgens reël 178 van die Reëls van die NRVP ‘n memorandum oor ‘n privaatlidvoorstel vir ‘n Suid-Afrikaanse Talewet aan die Voorsitter van die Raad gaan voorlê. Hierdie proses moet dan deursigtig en vinnig gehanteer word. Ons moet almal gesien word as deel van hierdie proses om deur die ontwikkeling van hierdie voorstel in ‘n wetsontwerp ‘n bydrae te lewer tot die werklike bevordering van veeltaligheid in Suid-Afrika. As ek praat van ons almal, praat ek van die ANC tot AZAPO, van Van Niekerk tot by Lubidla, van Vilakazi tot Lever, van Pietersburg tot in die Kaap. [Tyd verstreke.][Applous.] (Translation of Afrikaans paragraphs follows.)
[Today we experienced the magic of the diversity of language in South Africa here. I wish to thank our interpreting service for the role that they played.
Today I heard from my colleagues the appeal that there is a need for the recognition of all the indigenous languages of South Africa, also in practice. When we talk about the promotion of multilingualism, we can exclude English. English is strong enough and looks after itself worldwide. However, we require information in all our indigenous languages, when we speak and complete forms for land reform, hospitalisation, etc. When we achieve that we will truly have transparency and empowerment. The provisions in our Constitution must now become a reality and not remain mere paper promises.
Hon members have heard the impatience and the comparisons that have been drawn with the uprisings of 1976. During the past six years we have not yet developed a lingua franca in South Africa. Today confirmed for us that it cannot be one language only. I differ with the hon member Mr Suka - and I am not telling him to ``suka’’ [go away], I am merely differing with him - regarding the insight he has about PanSALB. I want to thank PanSALB for the good work they have already done. The same applies to the language committees which are in place, as well as the other role-players.
In the light of the responses earlier by the two hon Ministers about language, and of this debate today, and with the Constitution in one hand and the Rules of the NCOP in the other, I am convinced that the time is right for us in this House to make a decisive contribution; that we must put something on the table. We must stop wanting to score party-political points, talking softly, protesting and blaming, and merely signing petitions and unfortunately having to stand by and see how the process to promote multilingualism evolves slowly or not at all.
We are dealing with a political issue, which must be resolved politically and in support of this I therefore now officially announce that tomorrow, in terms of Rule 178 of the Rules of the NCOP, I am going to submit to the Chairperson of the Council a memorandum on a private member’s motion for a South African languages Act. This process must then be dealt with transparently and swiftly. We must all be viewed as part of this process, by way of the development of this motion into a Bill, to make a contribution to the real promotion of multilingualism in South Africa. When I speak about all of us, I am talking about the ANC to AZAPO, from Van Niekerk to Lubidla, from Vilakazi to Lever, from Pietersburg to the Cape. [Time expired.] [Applause.]]
[pic] (Translation of Gujarati paragraphs follows.)
[Mr M V MOOSA: Mr Deputy Chairperson, brothers and sisters, thank you very much. Today I am going to speak in Gujarati. It is my mother tongue.
In South Africa there are 11 official languages. These 11 languages are entrenched in our Constitution. Therefore, the state has a responsibility to promote these languages spoken by the people of South Africa. Some say there are about 25 additional languages, while others say that there may be as many as 100 additional languages spoken by the people. The problem is that it is not known how many other languages are spoken in South Africa.
Chairperson, today we must resolve to ask our Parliament to conduct research into exactly how many languages are spoken in this country.
Today we also remember with great pride Mahatma Gandhi, who came here over a century ago. He established an organisation for the Indian community. Many hon members here have heard of the Indian Congress. This organisation was one of the forerunners in the community in promoting Indian languages and culture. It was also an ally of the ANC in the struggle to eliminate apartheid in South Africa.
When Gandhi and people like my grandfather arrived in South Africa, they brought indigenous Indian culture with them. They brought language, and with it their communities’ customs, culture and mannerisms.
People like myself were born in this country and adopted the culture, customs and traditions of our forefathers. Alongside, we also adopted South African culture, customs and traditions.
We bear a responsibility to pass this assimilation of culture, language and traditions to our coming generations. We must teach them about diversity and how to adopt other cultures. They must learn to adopt the good and reject the bad in each culture. In this way we, as diverse communities, can work towards building a united nation.]
Madam Chair, I decided to speak in Gujarati today because that is my mother tongue. [Applause.] When I speak to my mom and dad at home, this is the only language they speak. They refuse to speak to me in any other language. I thought I should take the opportunity of speaking in that language.
But, following on that, I also want to just mention that the Vienna Declaration and programme of action as adopted by the World Conference on Human Rights on 23 June 1993 has this to say in its Article 2:
All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
To the members who participated in this debate, I need to say that the article goes on to say that -
… this shall not be construed as authorising or encouraging any action which would dismember or impair totally or in part the territorial integrity or the political unity of sovereign and independent states conducting themselves in compliance with the principles of equal rights and self-determination of the people.
I think it is very important that we take note of articles such as these that have come through, because we are really not reinventing the wheel. There are many other countries that have very diverse cultures and extensive language usages. But many of those nations have found a way in which they work together in order to develop a common universal culture and identity as a nation. Everything we have heard in speeches today indicates that. If the hon the Minister listened carefully to the speeches, there is a tremendous amount of goodwill about adopting and assimilating cultures, taking on each other’s approaches and value systems, and learning from each other’s religions and backgrounds.
I think this is very encouraging. It says a lot about where we as a nation would be going to in the next 100 years, which we call the African renaissance. It has been very encouraging. I think that is the key objective of this. There is no one key policy or approach that we can take. We have to develop an organic approach through various processes that are already under way - such as the PanSALB, the section 185 Commission and so forth - to look for ways and means in which we can find this common identity, and to find language usages that will allow us to, at the same time, participate economically and in other manners in the global world without undermining our own integrity as a nation. [Applause.]
The MINISTER OF ARTS, CULTURE, SCIENCE AND TECHNOLOGY: Chairperson, I would like to say: Sanibonani, molweni, dumelang, avusheni, goeie middag and good afternoon. I have been highly impressed with the spirit in the NCOP. But it should be so, because hon members bring to the national Parliament the political will and the legislative role of the provinces.
It is with members that we should work to ensure that the provinces hasten the process of multilingualism. They have the power to do so: it is a concurrent legislative power. They should proceed, particularly in the languages of learning and teaching. I believe that they do not need to wait for national policies. Once they have selected the languages to be used which are most popular in the provinces, they can proceed to teach history, environmental studies and biblical studies in the indigenous languages pertaining to that province.
Quite clearly, there are areas which are difficult. Areas such as mathematics, science and technology will obviously need new terminologies for most of the indigenous languages, because these languages do not cater for those subjects. This is what we are busy with in the department: creating terminologies that will enable mothers and fathers to talk to their children in scientific and medical terms easily. The child does not have to wait until he or she goes to secondary school, but will have been able to conceptualise mathematics, science and technology in his or her vernacular or indigenous languages.
A lot of work is being done at national level. The Pan South African Language Board is doing an extremely good job, and I am glad that Mr Van Niekerk has acknowledged this.
The gist of the proposed language policy and plan is the promotion of multilingualism, and the development of the previously marginalised languages - the African languages, the San and Khoi languages, and sign language - and also to support the constitutional notion of parity of esteem and an equitable use of languages.
It is being considered that we may have to resort to the rotation of official languages - possibly six languages on a rotational basis - for national purposes. The provinces will obviously select those languages - usually three or four languages - that are popular in a province, but we, at national level, have to cater for the whole spectrum of diversity, and we will have to find practical ways to do so.
As far as the scope of the policy is concerned, we believe that the language policy we are proposing will serve as a guideline for all Government structures - national, provincial and local - and also for bodies supported by Government, and, indirectly, the private sector as well.
Provincial language policy should inform policy decisions taken by local government. Our strategic goals of policy are to facilitate individual empowerment and national development by promoting the equitable use of the official languages, and thus ensuring that all South Africans have the freedom to exercise their language rights by using the official languages of their choice in a range of contexts.
We also believe that adequate budgeting must be provided, and we have tried to do so for this year. We believe that there are special focus areas for national Government - the Public Service - because effective language policy is essential for good governance.
Working languages for all Government structures for oral and written communication, both internal and external, in the Public Service should be determined, and we are considering this at the moment. As I have said, we are also considering how external written communication in Government structures should be determined by the principle of functional multilingualism or the rotation of languages.
As far as the implementation strategies in the Public Service are concerned, we are considering and working on a language code of conduct which will stipulate how public servants are to communicate and interact with the public. The mere basic greetings at the telephone exchange must include all the national languages because it is easy, and not a matter of detail. However, that immediately means that there is full recognition of the 11 official languages.
Language units in Government departments are being established to deal with specific language issues of each department - language audits and surveys to enable Government structures to make informed decisions relating to language policy and practice, language awareness campaigns to raise awareness on the role of language in society and to elevate the status of the previously marginalised languages, and a telephone interpreting service for South Africa to facilitate access to services and programmes. As far as the administration of justice and the language of the courts are concerned, accused persons must be tried in the language of their choice. The language of record should be the language of the court proceedings. This obviously has to be flexible, depending on the nature of the court of jurisdiction. Quite clearly, the Supreme Court will have to include English as a language of record for international communication.
Court interpreting by professional interpreters, accredited by a regulatory body, is being established as a course recognised by the South African Qualifications Authority. As I have referred to education, I think they have the best opportunities to immediately start initiating equal language use in terms of providing for the indigenous languages in every province.
This work is ongoing. As soon as we have published and gazetted this, it will be open to public comment. It will be a long process, quite clearly, because the issues are emotional and very complex, and we need technology.
We have proposed that in every province there should be a language development centre, preferably associated with a university, in the area where there is maximal usage of that particular language. We are also going to co-operate with universities to establish language museums and language laboratories, so that there will be high-quality training in language, and also to establish collections and bibliographies of all the literature in a particular indigenous language.
This is ongoing work and we need co-operation with hon members. I have been very impressed by this debate, because the NCOP is serious about this very fundamental issue. [Applause.]
The CHIEF WHIP OF THE COUNCIL: Chairperson, we have adopted a practice here, which is quite unprecedented but which has worked very well, in that after a subject for discussion which is important to the nation, we generally try to reach consensus on certain issues. I have in my possession a draft resolution which I would like to propose to this House for adoption. With your permission, may I read the resolution, Chairperson?
The CHAIRPERSON OF COMMITTEES: You may.
The CHIEF WHIP OF THE COUNCIL: Thank you, Chairperson. I move:
That the Council -
(1) recognises that South Africa is a multilingual and multicultural nation;
(2) commits itself to achieving unity through its diversity;
(3) resolves -
(a) that language shall not be used as an instrument of domination,
as occurred in the past, but as a vehicle for nation-building
and unity;
(b) to endeavour to promote multilingualism through our provincial
legislatures and local government structures;
(c) to convey the contents of this resolution to all relevant
Ministries such as the Ministers of Education, of Arts, Culture,
Science and Technology and of Provincial and Local Government;
and
(d) that in the spirit of the Constitution, special regard be had to
promoting, advancing and protecting multilingualism in our
institutions wherever reasonably practicable;
(4) recognises language as an important instrument of development of the individual and as a means of freeing the potential of the individual; and
(5) recognises that language, like culture, is not static and evolves, and the approach to language policy shall respond to the ever- changing circumstances of our people and the demands of economic and social empowerment and development of our people.
Chairperson, we have circulated this resolution to the provinces and the representatives of other political parties. I have not had any adverse response to it.
I also want to take this opportunity to thank the Minister for enlightening us on the policy development surrounding this very important issue.
Mr A E VAN NIEKERK: Chairperson, can I add to what the hon the Chief Whip of the Council has said, in the spirit of the debate?
Ons het kennis geneem van die resolusie. Ons stem heeltemal daarmee saam en in die gees van die debat het ons die konsepbesluit in Afrikaans en in isiXhosa vertaal; dit is beskikbaar. Ek wil dit graag saam met die konsepbesluit van die Hoofsweep van die Meerderheidsparty in die Raad ter Tafel lê, en ook die Minister bedank. (Translation of Afrikaans paragraph follows.)
[We have taken note of the resolution. We fully agree with it and in the spirit of the debate we have translated the draft resolution into Afrikaans and into isiXhosa; it is available. I would like to table this together with the draft resolution of the Chief Whip of the Majority Party in the Council and also thank the Minister.]
Ms C BOTHA: Chairperson, for information, to whom was this circulated?
The CHIEF WHIP OF THE COUNCIL: Chairperson, it was circulated to the provincial Whips as well as the party-political representatives. This was done this morning. It also emanated as a result of discussions that had arisen at a previous meeting around this particular issue. But if members have any difficulties or any different views, they should please put these on the table. That is no problem.
Ms C BOTHA: Chairperson, we do not have a problem with the motion at all. We support it entirely, both in Afrikaans and the translation, but we would have liked to have seen it before we have to agree to this. However, having said that, we would like to support it very much.
Motion agreed to in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LABOUR AND PUBLIC
ENTERPRISES - ELIMINATION OF CHILD LABOUR CONVENTION
Order disposed of without debate. Ms C BOTHA: Chairperson, I rise on a point of order. May I ask whether Mr Sithole has been mandated to vote for the Free State? [Interjections.]
The CHAIRPERSON OF COMMITTEES: Order! Yes, he has been mandated.
Report adopted in accordance with section 65 of the Constitution.
CHIROPRACTORS, HOMEOPATHS AND ALLIED HEALTH SERVICE PROFESSIONS AMENDMENT BILL
(Consideration of Decision of Subcommittee of Joint Programme Committee on fast-tracking of Bill)
Order disposed of without debate.
Decision of Subcommittee of Joint Programme Committee ratified in terms of Joint Rule 216(4).
The CHAIRPERSON OF COMMITTEES: Order! The diverse nature of South Africa is reflected in the range of languages used in voting today.
LAND AFFAIRS GENERAL AMENDMENT BILL
(Consideration of Bill and of Report thereon)
INDVUNA YETEKULIMA NETEMHLABA: Mphatsisihlalo, malunga eMkhandlu waVelonkhe wemaPhrovinsi, ngiyanibengelela kulentsambama yalamuhla. [Kuhlaba lulwimi.] Intfo lengente kutsi ngitsi ngitake ngitsi kukhuluma kancane ngesiSwati lamuhla kuva loku bekukhulunywa ngemalunga, ngingakacalisi mine kukhuluma, mayelana nekubaluleka kwekutikhulumela ngetilwimi tetfu temdzabu kumbe lekukhulunywa tona emakhaya. Ngitsite-ke nami, cha, asengibeke kancane kute emalunga atekwati kutsi naloku ngendzela emaXhoseni - umyeni wami wase Mphumalanga Kapa - make wami liSwati kantsi babe yena waKwaZulu-Natal. (Translation of Swati paragraph follows.)
[The MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Chairperson, good afternoon, members of the National Council of Provinces. [Interjections.] I thought I should speak a bit of siSwati today because of what members were saying before this debate regarding the importance of speaking in our indigenous or home languages. I thought I should also say something so that members know that although I am married to a Xhosa - my husband is from the Eastern Cape - my mother is a Swazi and my father is from KwaZulu-Natal.]
Chairperson, hon members, I just thought I needed to greet everyone in my mother tongue, my father tongue and my husband’s mother’s language in order to truly reflect the diverse languages that I speak, and I believe I am truly South African.
I must say that the debate we are having this afternoon really inspired me, because in a sense it also impacts on the work we are trying to do, namely the reconstruction of our society.
I think from the discussions it was very clear that indeed our history has robbed us of so much of who we are, not only in terms of language, but also in terms of the dispossession of land that the African majority of this country suffered over many years.
The year 1994 gave us an opportunity to relook at all these matters and see how we can reconstruct a South Africa that all of us would feel proud of in many years to come, where the next generation, particularly those who are our children and who will be our great grandchildren, can look back and say, ``Indeed, it was a worthwhile struggle for all of us.’’
The Land Affairs General Amendment Bill is one of those pieces of legislation which seek to further strengthen seven principal Acts that have been passed in the past four years. One may ask why it is necessary to make these amendments. I think the past five years have taught lessons on where some of our pieces of legislation have had weaknesses and where they may not have gone far, but, at the same time, they also give us an opportunity to further strengthen our land reform programme through our legislation.
Therefore, this Bill, while it is technical in nature, in my view, and the views of members of this House, will go a long way in enabling us to fast- track our land delivery programme to those who were previously disenfranchised.
I must say to the chairperson and members of the committee that the way in which we have worked with this committee, and with that of the National Assembly, has given us an opportunity to have insight into some of those things that probably, as an executive and also as departments, we may not have paid attention to. I am sure that their relooking at the legislation has helped to improve our initial work.
I must also indicate that some of the clauses that we seek to amend are those clauses that, while they were necessary and technical in nature, revealed an oversight on our part in which we assumed that some of the consultations may have gone on with all the stakeholders. Indeed, it was not so.
However, we raised the matter in the National Assembly before we raised it in the committee, and we reached an understanding that while there may not be harm in proceeding with the Bill, we would allow those stakeholders to influence the NCOP where further changes are necessary.
Our view, I must say, in proposing some of those amendments, particularly those that refer to the extension of security of tenure, was a result of the practical experiences that we faced when evictions took place. In most instances, those who were evicted lacked alternative accommodation. Therefore it should not be seen as advantaging the farmworkers and disadvantaging the farmers. I think we are trying to strike a balance by saying that where the need arises, and evictions may be necessary, it becomes prudent to ensure that those who are evicted do have alternative accommodation. True to our Constitution, every man and woman in South Africa does have a right to accommodation. I think, as Government, it is one of those things that we have to ensure at all times. While we may not dictate to the courts, we hope that as they apply this clause when adjudicating, they will take into consideration the time factor, so that on both sides no one is disadvantaged by any ruling that is made.
I must therefore say that after the National Assembly debate, my department interacted further with those stakeholders that we did not interact with around this clause. Therefore I am pleased to indicate that we were true to our objective, that is we will continue to ensure that all relevant stakeholders have been made part of the process of change, in whatever way possible.
In conclusion, I would like to thank the chairperson of the select committee of the NCOP, Rev Moatshe, as well as the members of the committee. The way in which they have worked with us, in ensuring that we can actually pass this Bill as smoothly as possible, is appreciated. I therefore present the Bill for adoption by the NCOP. [Applause.]
Rev P MOATSHE: Chairperson, hon Minister, we once more congratulate the Minister on steering the ship throughout to enable our people to access land from their position of hopelessness. This piece of legislation has far- reaching implications for all South Africans, especially those who have been dispossessed of their land. This Bill also covers seven different Acts, and has been carefully constructed in this fashion to cover the loopholes that inadvertently hampered the implementation process.
We believe that this Bill will allow the Minister and the Department of Land Affairs to continue with the good work that they have done to bring about land restitution to all those who suffered the confiscation of their land and rights of tenure during the dark days of oppression.
The changes are essentially technical in nature, as the Minister has already said. Clause 1 amends section 10 of the Deeds Registries Act of
- It is recommended that this clause ensure that there are improved regulations in place to recover the arrears of defaulters, including the suspension of services to these same defaulters. This amendment demonstrates that the department is serious about the recovery of debt.
The second clause will effect changes to section 39 of the KwaZulu-Natal Land Affairs Act of 1992. Here, the KwaZulu-Natal provincial government was acting in good faith by exercising certain powers and responsibilities. However, the jury responsibilities were, in fact, delegated in terms of section 2 of the Land Administration Act of 1995.
This amendment seeks to validate the good faith powers exercised by the KwaZulu-Natal provincial government. The amendment of section 22 of the Restitution of Land Rights Act of 1994 will now extend the jurisdiction on who determines the occupier from an exclusive Land Claims Court jurisdiction to the other courts.
This single amendment immediately releases the burden from the already overworked Land Claims Court and shares the responsibility of restitution amongst other courts. Clause 5 allows for the continuity of the Land Claims Court by giving the judges fixed terms of office. Section 16 of the Land Reform (Labour Tenants) Act of 1996 needed to have the cut-off date for applications for land awards extended from March 2000 to 31 March 2001.
The department believes, and the committee concurs, that the full year extension will allow sufficient time for those people who would otherwise have lost all their rights to claim ownership of land. Hopefully, there will be a media campaign that will follow this Bill so that all of our people, even those in the remote rural areas, can be reached. At the same time, section 33 of the Land Reform (Labour Tenants) Act tightens the power of the court to act swiftly against those illegal occupants who are not labour tenants.
Section 40 of the above-mentioned Act gives exemption from law governing subdivision of land to those people with settlement agreements certified by the director-general of the department and land awarded by court order. This is a victory for those people whose property was threatened with being sold off in bits and pieces to unscrupulous developers.
Clause 10 holds special significance. We believe that the Minister and the department want to go the extra mile with this clause to ensure that there is full, independent and comprehensive investigation, which includes the provision of alternative accommodation, before evictions take place. The independent investigation suggested in this clause will serve as a recommendation to the court. The further amendment brought by the NCOP includes that an official from the department or state should be part of the investigation. Clause 11 seeks to extend the cut-off date for the automatic review of eviction orders by the Land Claims Court to a date that will be published in the Gazette.
All in all, this Bill is quite comprehensive. It certainly seeks to make the lives of our people, who have been robbed of their land, easier. They now have sufficient time to claim rightful ownership. This Bill also seeks to get rid of those opportunists who do not hesitate to take advantage of the law to further their own self-interests. I wish to congratulate the Minister and the department on this Bill. [Applause.]
Mr L G LEVER: Madam Chair, the hon the Minister is correct that, largely, this Bill is of a technical nature and I will concentrate mainly on one aspect of it. In the history of our nation, there were many injustices. One of the most damaging of these injustices was the manner in which the right to have access to land was controlled and restricted. Far too many of our fellow citizens still live with the consequences of this injustice. Consequently, I am sure that all reasonable and right-thinking people would support practical and sustainable measures to deal with the consequences of this injustice.
In preparing my speech, I had occasion to consult the speech of my colleague the hon E K Moorcroft who, when the original Bill was debated in the Senate in 1996, stated (Hansard, Senate, 1996, col 126):
I should like to begin by confirming that the DP is fully supportive of the overall objectives of the Land Reform (Labour Tenants) Bill, which are to protect the labour tenants against summary or unjust evictions, and to protect the rights of labour tenants particularly in terms of the ownership of land.
That was the DP’s view then and it remains the DP’s view today.
The hon Moorcroft then went on to state:
This Bill, in short, seeks to do the right thing in the wrong way in what can only be described as a singularly undemocratic and nontransparent way.
Unfortunately, history seems to repeat itself. When the present Bill was debated in the NA, my colleague the hon Mr Andries Botha pointed out that there had not been consultation with one of the key role-players, namely Agri SA, on certain aspects of the present Bill. Thankfully, the problem was corrected when the Bill came before the select committee, and I am grateful to the hon the Minister for acknowledging the oversight and for her efforts to correct this. Similarly, I am grateful to the department for the actions that they took in ensuring that the oversight was corrected before this Bill was debated in this House.
Members will no doubt agree that, generally, more is achieved by consultation and a genuine attempt to cater for the fears and expectations of all concerned than can be attained by a prescriptive and exclusionary approach. The reasons for this are obvious and there is no need for me to spell them out. Four years ago, the DP pointed out that the principal Act was an attempt to do the right thing in the wrong way. Those of us who regularly travel through small rural towns and villages, and see the exponential growth of informal settlements on the fringes of these towns and villages, believe that the hon Mr Moorcroft was correct in his assessment. The fact that we are here today tinkering with and amending the principal Act is in and of itself an admission that the principal Act is not having the desired effect.
Is it not perhaps time to go back to the drawing board and start a process designed to bring all the role-players together in an attempt to try and negotiate some form of social contract in which everybody has a stake and a vested interest in ensuring and seeing that it succeeds? Surely, this sort of approach will keep agriculture labour intensive and halt or reverse the trend of investing in capital and machinery to reduce dependence on labour. This is especially important if one considers the stage of development that we are at, where jobs are vitally important to economic growth and stability.
The sceptics amongst us will say that some form of social contract between labourers and landowners is not possible. They will argue that there is far too much distrust to allow this to happen. I concede that there is distrust between the protagonists in this debate, but I wish to say two things to the sceptics amongst us. Firstly, a representative of the department and a representative of Agri SA have found common ground on this Bill.
Secondly, we only have to look at how we transformed our politics and our society in recent history, to realise that there is a pool of goodwill amongst all communities that has allowed us to get this far. I am not saying that everything is perfect or that we can now be complacent. What I am saying is that we have much to be grateful for and we need to acknowledge, foster and promote this pool of goodwill that exists in all our communities. In this instance we need to promote relationships of trust between farm labourers and landowners.
Despite the fact that we feel that there might be a better way to achieve the objectives of the principal Act, the DP will support this Bill as amended by the select committee. [Applause.] Mnr A E VAN NIEKERK: Mevrou die Voorsitter, ek weet dat dit ook gebruik in hierdie Huis is dat as ons tyd toegedeel is, ons nie alles hoef te gebruik nie. Ek gaan dus verseker nié my tyd vir die bespreking van die wysigings van hierdie wette ten volle benut nie, want daar is regtig nie veel om oor te debatteer nie. Ek wil egter die agb Minister groet, want sedert ons vorige ontmoeting het haar status in meer as een opsig drasties verander. Ek groet haar egter bloot met verwysing na haar status as Minister vir Landbou en Grondsake.
Die Nuwe NP het nog altyd gesê ons is ten gunste van grondhervorming in Suid-Afrika. Ons sit egter in Suid-Afrika met die probleem dat grondregte ‘n emosionele kwessie ook is, nie net ‘n materiële kwessie nie. In dié opsig is daar verwagtinge geskep by baie gemeenskappe ten opsigte van grondhervorming.
Ons moet vandag eerlik met mekaar wees: daar is aan ‘n klomp van die verwagtinge voldoen, maar daar is ‘n klomp projekte en beloftes wat té stadig tot wasdom kom. Daar is sekere van die grondhervormings wat nie geslaag het soos dit bedoel is nie. Daar is party van hulle wat heeltemal misluk het, maar die grootste bekommernis wat ons het, is dat daar sekere gemeenskappe is wat nou byna ses jaar lank in afwagting leef.
As ek net uit ‘n Noord-Kaapse perspektief praat, is daar gemeenskappe soos Lohatlha, Schmidtsdrif en Bucklands. Ek weet daar is prosesse aan die gang, en dit is besig om spoedig te verander, maar dan is daar ‘n klein gemeenskappie van 54 boere daar bo in die Kalahari, daar by Mier se wêreld, wat nou al ‘n aantal jare lank probeer om eiendomsreg te kry van die grond waarop hulle al geslagte lank boer.
Daar is nou ‘n hofsaak aan die gang tussen die agb Minister se departement, die inwoners van Mier en die boere. Dit is ‘n onhoudbare situasie. Dit behoort nie so te wees nie. Ná ses jaar is ek daarvan oortuig dat die partypolitieke impak wat ‘n rol gespeel het by daardie gemeenskap nou baie afgekoel het. Daarom het ek ook na ons LUR, mnr Thabo Makweya, toe gegaan, en die saak met hom bespreek. Hy het onderneem om met die Minister ‘n afspraak te maak sodat ons drie met haar daaroor kan praat.
Ek noem dit in die konteks van hierdie wysigings wat die Minister aan die betrokke wette aanbring. Ons glo dat dit ‘n sinvolle bydrae kan lewer om die totale proses van grondhervorming te versnel.
Ek wil die departement bedank vir die wyse waarop hulle ons gekose komitee nou die dag behandel en ingelig het, en veral vir die reaksie van die Minister en haar departement op die voorwaarde van aanvaarding van my party, naamlik dat die een klousule eers gewysig sal word in oorleg met die grootste rolspeler in die georganiseerde landbou.
Ek wil die agb Minister daarvoor en ook vir haar gesindheid bedank, en ons wens haar sterkte toe met hierdie moeilike, verantwoordelike taak wat sy het ten opsigte van al die mense wat by landbou betrokke is, en al die mense wat die drome, die versugtinge en die emosionele uitreiking het om deel daarvan te word. Mag die Minister ook in hierdie tyd van rampe krag en wysheid kry om te help met uitkoms daar waar dit nodig is.
Ons steun hierdie wysigingswetsontwerp. [Applous.] (Translation of Afrikaans speech follows.)
[Mr A E VAN NIEKERK: Madam Chair, I know it is also customary in this House that if we have been allocated time, we do not have to use all that time. Therefore I am definitely not going to use all the time allocated to me for the amendment of these Acts, because there is really not much to debate. However, I would like to greet the hon the Minister, because since our previous meeting her status has changed drastically in more than one respect. However, I am only greeting her with reference to her status as the Minister for Agriculture and Land Affairs.
The New NP has always said that we are in favour of land reform in South Africa. However, we have the problem in South Africa that land rights are also an emotional issue, and not only a material issue. In this regard expectations have been created in many communities with regard to land reform.
We have to be honest with one another today: Many of these expectations have been met, but there are many projects and promises which are materialising too slowly. Some of the land reforms have not succeeded as they were meant to. Some of them have failed completely, but our greatest concern is that certain communities have been waiting in suspense for almost six years now.
Speaking from the perspective of the Northern Cape alone, I must mention communities like Lohatlha, Schmidtsdrif and Bucklands. I know that processes are under way, and things are changing rapidly, but then there is a small community consisting of 54 farmers, way up in the Kalahari, in the vicinity of Mier, who have been trying for a number of years now to acquire property rights to the land on which they have been farming for generations.
At present there is a court case in progress between the hon the Minister’s department, the inhabitants of Mier and the farmers. This is an untenable situation. It should not be like this. I am convinced that, six years down the line, the party-political fervour which played a role in that community has cooled down a lot. This is also the reason why I went to our MEC, Mr Thabo Makweya, and discussed the matter with him. He undertook to make an appointment with the Minister to enable the three of us to discuss this matter with her.
I am mentioning this in the context of these amendments that the Minister is effecting to the relevant Acts. We believe that this can make a meaningful contribution to expedite the whole process of land reform. I want to thank the department for the way they treated and briefed our select committee the other day, and especially for the reaction of the Minister and her department to my party’s precondition for accepting the Bill, namely that one of the clauses would first be amended in consultation with the main role-player in organised agriculture.
I want to thank the hon the Minister for that, as well as for her attitude, and we wish her everything of the best in her difficult, responsible task in respect of all the people involved in agriculture, and all the people who dream, aspire and yearn to become part of agriculture. May the Minister also, in this time of natural disasters, have the strength and the wisdom to render assistance where it is needed.
We support this amending Bill. [Applause.]]
Mr R M NYAKANE: Chairperson, the department has made a recommendation to amend certain sections of the Acts that deal with land matters in general. I think this is a step in the right direction. Amendments were necessary since the implementation of some of the Acts impacted negatively upon the people. An example of this is section 2(3) of the Provision of Land and Assistance Act of 1993, according to which the Minister can designate land for settlement purposes, while at the same time imposing conditions regarding the use of the land, one of which usually is that the land must be held by a legal entity for the benefit of the beneficiaries.
This created unnecessary limitations and prescriptions, which at the end of the day undermined fundamental human rights. Inhabitants of settlement land may therefore be prohibited from practising commercial farming in case this condition is narrow or not expressly permitted.
Farming activities form the main part of the economic activities in our provinces, particularly in the Northern Province. For this reason, compounds have been erected in most farms. It is in these compounds where farm labourers reside as labour tenants rather than as mere occupiers.
We welcome the amendment effected in section 13 of the Land Reform (Labour Tenants) Act of 1996. Prior to this amendment, rural people, including, of course, farm labourers, who were regarded as labour tenants, had to utilise the services of the Land Claims Court, an office which had to attend to plus-minus 5 000 claims in the Northern Province.
The services of the Land Claims Court have been characterised by several constraints, eg lack of understanding and inability to complete claim forms due to illiteracy problems amongst the rural people, hence the emergence of voluntary services such as iNkunzi in the Northern Province, which is currently rendering voluntary services in order to assist the people who are making claims.
Issues such as centralisation of the servicing points, the Land Claims Court or the Office of the Commissioner for Land Claims, which is only found in Pretoria, the shortage of adequate complementary staff in the commissioner’s office and travelling costs that accrue in respect of inspections in loco and interviews are some of the problems we were faced with.
The granting to magistrates’ courts of jurisdiction to hear cases under the Extension of Security of Tenure Act of 1997 is a step in the right direction and also rural-friendly for the following reasons. The magistrates’ courts are normally more accessible to the rural people than the Land Claims Court and commissioner’s office. Decentralisation and sharing with magistrates’ courts of the workload formerly entrusted to the Land Claims Court will really minimise the job and make it easier. Costs will be reduced since distances to the site inspections in loco or disputed land will be shorter. Follow-ups by applicants will be easy and affordable in terms of the costs. The nearer one is to a problem, the better understanding one will have. [Time expired.] [Applause.]
Mrs J N VILAKAZI: Chairperson, hon Minister for Agriculture and Land Affairs and hon members, it is a pleasure to be involved in this debate, which is going to bring understanding to many previously disadvantaged people who suffered a lot during the reign of apartheid in this country.
The IFP supports this Bill and also gives credit to all those who have been involved in the formulation process of the land amendment Bill of 2000.
Previously disadvantaged citizens will now enjoy the privilege of having land rights, unlike in the apartheid period, when people were simply evicted unscrupulously and without any compensation. Very often they were put into places where even essential infrastructure was lacking. The saddest and most brutal part was when people were removed from their places of employment to strange areas without jobs or safe water to drink, and lacking in health and education facilities.
People were just dumped and expected to see for themselves how they would survive. It was indeed a horrible state of affairs. This Bill seeks to correct all these terrible wrongs. This is indeed wonderful.
This Bill seeks to amend seven different Acts which are administered by the Department of Land Affairs. Clause 1 will amend section 10 of the Deeds Registries Act of 1937 by permitting a relevant body to make regulations which will better monitor the recovery of debts owed by service consumers. This includes suspension of services to defaulters. All the clauses in this Bill are aimed at promoting the well-being of South African citizens in order to prevent the abuse of services by consumers and, more importantly, to prevent the exploitation of consumers by those in power.
UmThetho osezithebeni namhlanje uzokwenza ubulungiswa nokuvikelwa kwamalungelo omphakathi maqondana nokwabiwa kanye nokuphathwa komhlaba esakhe kuwo.
Sesadlula isikhathi sokuhlupheka kwabantu ikakhulu thina ndlu emnyama eyabe yehliswa yenyuswa ezindaweni abantu ababehlezi kuzo benethezekile. Okufike kube kubi kakhulu ngukuthi babevele basuswe ezindaweni abahlezi kuzo bayontshingwa noma kuphi lapho uhulumeni wobandlululo ayesenqume ukubantshinga khona.
Okubi kakhulu ngukuthi babesuswa ezindaweni abazalelwe kuzo, bakhulela kuzo, konakale impahla yabo kuthi enye baphoqeke ukuthi bayishiye ngemuva. Izindawo ababeyiswa kuzo zazivame ukuba lugwadule futhi babengahlinzekwa ngezidingo eziyimpilo yomuntu njengamanzi ahlanzekile, izikole, imitholampilo, imigwaqo nokunye okuningi kakhulu okuyizidingo zomphakathi. Kulokhu kuthuthwa babevamise ukukhungathwa yizifo, yizindawo zokuhlala ezingekho esimweni esihle, ukulahlwa kwendle ngendlela engafanele kanye nokunye. Angikhohlwa yisibhicongo sase-Lime Hill. Lo mThetho oshaywayo uzobhekela umphakathi ukuthi ube nelungelo lomhlaba umuntu ahlezi kuwo, kuphele ukususwa kungekho sizathu esisobala sokwenza lokho. Umphakathi uzozizwa unelungelo. Lokho kukodwa nje kuyawukhulula umphefumulo. Uzophinda ubhekele futhi uvimbe ukuxhashazwa kwabantu yilabo abaphethe ezikhundleni ezinhlobonhlobo. Uzophinde ubhekele futhi ukuthi umphakathi uyazikhokhela izidingo zawo. Uma izidingo zingakhokhelwa, ilungelo livamise ukunswinywa noma limiswe okwesikhashana, kube nzima impela.
Lo Mthetho uzobuyisa isithunzi ikakhulu somuntu omnyama okunguyena obehlukumezeke kakhulu ngaphezu kwazo zonke izizwe lapha eNingizimu Afrika.
Isigaba 5 sivumela ukuba abantu ababesuswe ezindaweni zabo baqhubeke nokufaka izicelo zokubuyiselwa ezindaweni zabo uma bethanda. Zikhona izinkantolo ezibhekele lokhu. [Ihlombe.] (Translation of Zulu paragraphs follows.)
[The Bill that is on the Table today will bring about justice and also protect the rights of the community with regard to the distribution of land and its administration in our country. The time for experiencing hardship is over, especially for us, the black people, as we were moved to and fro in places where we were previously well off.
The worst of all was that they were moved from their own places and just dumped wherever the apartheid government had decided. Another one of the worst scenarios was that they were removed from the places they were born and bred, and as a result their property was damaged, to such a degree that they had to leave some of it behind. The places to which they were moved were mostly deserts, and they were not provided with basic human necessities for health, like clean water, schools, clinics, roads and many other public necessities. During these removals they usually suffered from diseases and their dwelling places were not in a good condition. There was, for instance, the lack of proper removal of sewage and other things. I cannot forget the mess that occurred in Lime Hill.
This Bill provides land rights to a person who occupies land and abolishes the unnecessary removals. People themselves will feel that they have rights. That alone will liberate the soul. It will prevent the exploitation of people by those who are in high positions. It will ensure that people pay for their necessities. If the necessities are not paid for, usually the right to those necessities is restricted or stopped temporarily. Of course things become difficult indeed.
This Bill will restore a black person’s status as he is the one who was undermined more than people of other races in South Africa.
Section 5 allows people who were evicted from their land to send applications for the restoration of their land to them if they so desire. There are courts which have been set up to deal specifically with the issue. [Applause.]]
Ms B THOMSON: Comrade Chairperson, hon Minister and hon members, the problems of KwaZulu-Natal are largely rural. Land is, as such, one of the most basic needs of the people of our province.
Since April 1994 this Government has implemented a fundamental land reform programme in order to redress the inequalities caused by apartheid in land distribution. Our Government’s land reform programme is underpinned by two equally fundamental concepts, ie redistribution and restitution. Our land redistribution initiatives include the allocation of vacant Government land to our people and the strengthening of the property rights of communities and individuals already occupying land through the Extension Of Security Of Tenure Act and the Land Reform (Labour Tenants) Act.
In order to redress the suffering caused by forced removals the Government enacted the Restitution of Land Rights Act. Individuals and communities who were dispossessed of their land rights in terms of racially discriminatory laws, now have a right to claim restitution against the state by submitting claims to the Commission on the Restitution of Land Rights.
To date, the commission has processed and concluded many restitution claims, some of which resulted in the restoration of land to people who were forcibly removed from their land, while others have been compensated for the loss of their land rights.
It is impossible to appreciate the challenges facing the land reform programme without appreciating the profound nature of discrimination that resulted from the policy of apartheid. The Native Land Act of 1912 prohibited blacks from owning land outside the so-called native reserves which made up 7% of the country’s area. Inside these reserves, an artificial form of traditional tenure with maximum holding sizes and restrictions on land transactions was imposed.
Since then, large numbers of black farmers who had legitimately owned land outside these reserves were dispossessed of their farms, and were forced into homelands or Bantustans where tenure restrictions, high population density and the lack of capital and market access made black commercial agriculture virtually impossible.
The combined effects of all these policies left the new Government with the unenviable task of reversing a situation in which the average amount of land per person was 1,3 hectares for blacks compared to 1 570 hectares for whites.
No process is flawless, least of all a process of fundamental land reform. In attempting to overcome the legacy of the extremely unequal distribution of land, we may have overlooked some problems. The Bill that is currently being debated before this Council is geared towards eradicating some of these problems. It is an attempt to address some of the shortcomings that have been identified in existing land reform legislation.
The Bill broadens the jurisdiction of courts to decide on who can be classified as an occupier, making it easier for people to qualify for landownership in terms of the Extension of Security of Tenure Act.
The Bill also extends the period within which labour tenants may apply to acquire land they have used, because many labour tenants may not know about their rights. This amendment will make it possible for more labour tenants to acquire land.
It furthermore ensures continuity in the land reform process by allowing the Minister of Justice to appoint judges of other courts to act as judges of the Land Claims Court at the expiry of the term of office of the current judges of the Land Claims Court and subjects the decision of magistrates’ courts relating to the eviction of farm workers to automatic review by the Land Claims Court.
I have no doubt that the amendments effected to the various pieces of land reform legislation in terms of this Bill will speed up the process of eliminating the unequal distribution of land in our country. [Applause.]
The MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Chairperson, hon members, I would like to thank hon members for their participation in this debate.
Most importantly, I think all of us who participated in this debate moved away from dealing with the more technical issues. I think what hon members raised were more fundamental issues of policy as well as those of an administrative nature.
In my view, I think it is one of the issues that we, maybe, will have to continuously engage with at committee level so that we can further examine these issues and our understanding of how we can work together in support of this noble objective that we have set for ourselves.
On the issue raised by Mr Lever, particularly on whether we did not, through the Bill, do the right thing but in the wrong way, I do appreciate what he says, but at the same time I think it does need further debate, particularly if he talks about the social contract.
Are we all having the same attitude and willingness to move beyond our positions of being an owner or a worker? I think the fundamental issue is about resolving the tenure question. It may be easier for me, if I am a landowner, to be able to set parameters of how we would want to negotiate, but what happens to the landless who are the farmworkers in that environment? And, where then does the state come in? I think those are the issues that we need to resolve, because the issues on labour tenancy and the issue about Esta, which we were trying to resolve regarding these two Acts, is the vulnerability of those people who stay on farms as workers or who happen to find themselves on a farm one morning when that was designated to a Mr Van Wyk or a Mr Botha.
I think the issue is, in the process of redress and reconstruction, how we deal with those matters with an understanding of our own history as a country. It requires sensitivity and honesty. It is not going to be an easy matter because the social contract, for me, would actually have to resolve the matter of the security of tenure of the landless. How does one deal with it?
At the same time, we will have to acknowledge the fact of those who are current owners, some of whom are current owners not in a manner which is actually transparent. I think we have to face facts and our history without shame and ask: How then do we all move forward? I do agree that that is the fundamental debate we need to have.
All of us understood that the Land Reform (Labour Tenants) Act, and Esta in particular, was one of the ways of dealing with the problem in the interim. As a department we have actually re-examined, and continue to re-examine, those laws and say how far they go in dealing with the issues that we want to address.
Hon members will remember that last year during the debate after the President’s opening address in the Assembly, the issue which arose as part of the programme of the department, and which arose particularly from the Minister of Housing, was the need for the establishment of the agri- villages.
They did not come by chance. It was also a way in which we could delink farmworkers from being dependent, both for labour and accommodation on farms. But we have not been able to come to some agreement with some of the members of organised agriculture, because they felt that this would populate their farming areas and create settlements where they were not necessary. But I think the question is: How does one create a balance in ensuring the security of tenure of those people who are discarded as labour at the age at which they cannot find employment or bonds which they can access in the banks?
I am saying that this is, in my view, a policy matter, and I would be ready to debate those matters with members of the select committee so that all of us could address this matter with the consciousness, as well as the commitment, of seeking to change our past situation for the better.
Secondly, one of the issues that was raised, particularly by hon member Van Niekerk, is an issue of an administrative nature. We might have put a very good objective in terms of the restitution process, but I think the delays in the way in which those processes have been made have left many communities uncertain. I have accepted that that has been one of our realities, but we accept the fact that this was a new programme for all of us. We need to set up institutions such as the courts and administrative mechanisms, but the other matters which we are reviewing and which are going to be contentious - and I think members of this House will have to deal with them - are in connection with historical valuations. In terms of our own Constitution, it makes provision for just compensation as well as ensuring that we take into consideration those who have lost their land as well as those who were current owners so that they can be justly compensated.
The compensation at this stage is not given to one party or the other. It is actually a compensation of both parties, because, as the state, as we settle the communities, we have to pay and purchase from the current landowner, and in most instances, the purchase is at market value. I think this highlights the reality for this Government and the members of Parliament, which is: Will we be able to manage that cost? At the same time, the issue of evaluation of communities such as Lohatla, in respect of the point which the member raised, and many other instances presents certain problems. Who still has a record of the land value of Lohatla before it was made a battle school? In most instances, such information is not in the state archives.
This situation is worse in the rural areas. In the Northern Province, for instance, in the Madimbo corridor, where people were moved and the army was put there as a buffer between Zimbabwe and South Africa, nobody can say what was the historical value of that land at the time. Therefore, one has to come to some kind of determination which takes a lot of time, and we have agreed that those processes have to be reviewed. But it means we would have to reach a balance which will not unnecessarily create other controversies whereby people may say, ``The so-called `just’ compensation has robbed me of what I have invested in the development of the land.’’ I think it is those tricky questions of policy that we have to appreciate, but also have to debate as we move forward.
Clearly, the issue of land rights, as the member says, is a very emotive issue. I have always said that it is, again, an emotive issue on both sides. If one looks at the current situation in Mpumalanga, we have heard that organised agriculture in Mpumalanga are seeking to pool their resources so that they can fight the land claims in court as a unified force. I think that, in itself, represents the fear and uncertainty in that part of the community. But sometimes the way in which it is expressed undermines the appreciation of the other group’s problems since they actually lost their land as a result of the Land Act of 1913 and other legislation that was put in place.
I think the issue is about, given the route that we have chosen as a country, how we become committed to what we have set out for ourselves. For me, it is about reconciliation and looking forward and saying that we all have a responsibility in ensuring that we deal with our past in a manner that does not hurt parties on both sides. The hurt will be there, but it is about how one minimises the hurt so that it is not enormous.
I think the other issue that has been raised by an hon member deals with the issue of how land reform can be an instrument of resuscitating agricultural development, particularly among those communities that were previously dispossessed. It is a matter that we have acknowledged and about which we have said we will do everything in our power. If one looks at some of the former homeland areas, certain people were given land to farm through the SADT land and development aid, but they remained only occupiers or they had the right to occupy without any ownership. Some of them had leases which ran for 10 years and after 10 years they were promised an option to buy, but that never happened. That is a situation we are dealing with so that we can create certainty.
However, in some of those schemes, in particular, one still has to deal with the issues of compensation in terms of those communities who were moved away when such schemes were put in place. The Taung scheme is one such scheme, where some members of the community who were removed feel they would want just compensation in the way in which the matter of the farmers is resolved on this scheme. I am just raising the point for hon members so that we all have an appreciation of some of the difficulties that we have to resolve in the process, and how far this Bill will, in some way, help us to resolve some of those matters. But, obviously, certain issues will remain for a broader policy discussion amongst ourselves so that when we take particular steps, it is with the understanding that everybody concurs on the question of the direction in which we are going. [Applause.]
Debate concluded.
Bill agreed to in accordance with section 75 of the Constitution.
The CHIEF WHIP OF THE COUNCIL: Chairperson, I rise to clarify a matter that was raised earlier by Ms Botha. In terms of the resolution that I tabled, I indicated that it had been circulated to all political parties. It was suggested by Ms Botha that they did not receive it. I have in my possession a copy of a fax confirmation sent to Mrs Versveld. My secretary who, in my opinion, has competently served all political parties has also indicated to me that she brought this to the attention of Mr Lever, who indicated that he had only received the speakers’ list and that it was not necessary for her to refax the other documents.
Now I say this in the light of the fact that when we had met as a multiparty forum, we had specifically raised the issue of the debate and said that we would prepare a resolution which we could adopt unanimously. To suggest that they have been omitted somehow, seems to create the impression that for some unknown reason the DP is being marginalised, and I thought it important that I place this fact on record. Chairperson, whilst I am speaking could you ask the kind lady to take her seat because I think it is unprofessional. [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! [Interjections.] … I will give you time. Order! Hon member, I will give you a chance. If you would sit down, I will give you a chance. You do not have to rush.
The CHIEF WHIP OF THE COUNCIL: I would like, for the benefit of the House, to read the contents of the fax cover, which says the following:
Please find enclosed the following:
-
Draft resolution to be made at the end of the discussion on the Promotion of Multilingualism in a Democratic South Africa. Please advise our offices whether you are in agreement herewith.
-
Copy of speakers’ list for this afternoon’s plenary session.
This was sent this morning at 10:33. The number of pages is five and it was addressed to Mrs Versveld and all other political representatives of the different political parties. So I am saying that the suggestion that was made at plenary, namely that they had received no notification, seemed somewhat extraordinary to me. In any event, if they are in special difficulties, the political representative of the DP could rise.
I also want to raise the fact that one of the difficulties seems to be that on one occasion one would find Mrs Versveld appearing at a meeting, and on another occasion one would have Mr Lever. The attendance by members of the DP is never consistent and this does not augur well for the spirit of co- operation.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! I would not like to open a debate on a purely administrative matter, because this House cannot give a ruling on the matter. However, because the Chief Whip has spoken, I think it would be unfair not to allow Mrs Versveld to say something. I do not know what it is that you wish to say.
Mrs A M VERSVELD: Chairperson, up to now I wanted to ask at what time that fax was sent. [Interjections.] Up to now - up to 13:00 this afternoon - there was nothing in my pigeonhole, and I stand by that. It is a pity that other things have been brought up here that should have been discussed in the multiparty Whips’ meeting. [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Thank you, hon member. That is why I say that I do not want to engage this House in purely administrative matters. That should be discussed at the level of the Whips.
CHIROPRACTORS, HOMEOPATHS AND ALLIED HEALTH SERVICE PROFESSIONS AMENDMENT BILL
(Consideration of Bill and of Report thereon)
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! I am advised that there will be a short statement by the hon member L Jacobus.
Ms L JACOBUS: Deputy Chairperson, I am being harassed by my colleagues on that side of the House. Because the amendment before us today is largely of a technical nature, we have agreed as a select committee that we will not be having a debate on the matter, but I will table a report on behalf of the committee and also make a few comments so that members understand what it is that they are voting on.
Having said that, I will proceed. In February 1996 the Chiropractors, Homeopaths and Allied Health Service Professions Interim Council was established to replace the old council by the then Minister of Health, Nkosazana Zuma. The main objective of this interim council was to make recommendations to the Minister of Health on the constitution of the new permanent council still to be established.
The interim council was established for a period of 36 months, and this period expired in February 1999 before the permanent council could be established. However, the department accepted responsibility for the delay in extending the term of office of the interim council. The reason given for the omission was that the department was drafting a general amendment to the principal Act on the basis of recommendations received by the health portfolio committee on the structure of the proposed permanent council.
This process, we were told, took longer to finalise than initially envisaged. We have had lengthy discussions. We have held two joint meetings with the portfolio committee at which we interrogated the department thoroughly on the matter and were satisfied by the responses that we got.
The Bill, when passed, will apply retrospectively as of February 1999. We consulted the state law adviser, who is of the opinion that the retrospective application is not unconstitutional since the proposed amendments do not violate any individual’s or group of individuals’ constitutional rights. The Bill consists of three clauses, with the following provisions. Clause 1 amends the timeframe within which the council has to discharge its mandate from 36 months to 60 months, clause 2 seeks to amend the term of office of the interim council accordingly, and clause 3 provides for the retrospectivity of the extension of the term of office of this interim council.
If I may, I will now briefly proceed to read the committee’s report for adoption, hopefully by the House.
The Select Committee on Social Services, having considered the subject of the Chiropractors, Homeopaths and Allied Health Service Professions Amendment Bill [B2-2000] (National Council of Provinces - sec 76) referred to it and classified by the JTM as a section 76 Bill, reports the Bill without amendment.
I must say in the select committee all provinces supported the amendments as well. [Applause.]
Debate concluded.
Bill agreed to in accordance with section 65 of the Constitution.
MOTIONS
(Ruling)
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Before I adjourn this House, I want to dispose of a small matter regarding motions which was raised this morning. I had the opportunity to study the two motions which were tabled by Mr Sulliman and Dr Conroy and I am satisfied that the two motions are exactly the same and express the same sentiments, although in different language. However, in terms of our Rules, the same motion cannot be adopted twice. This is therefore to confirm that the motion which was tabled and accepted by this House is the motion of the hon member Sulliman.
The Council adjourned at 17:34. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
TUESDAY, 1 FEBRUARY 2000
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson: Reports of the Auditor-General on the -
(1) Financial Statements of Vote 5 - Arts, Culture, Science and
Technology for 1998-99 [RP 130-99];
(2) Financial Statements of the King George V Silver Jubilee Fund
for Tuberculosis for 1998-99 [RP 197-99];
(3) Financial Statements of the Health Donations Fund for 1998-99
[RP 198-99];
(4) Financial Statements of the Independent Broadcasting Authority
for 1998-99 [RP 194-99].
WEDNESDAY, 2 FEBRUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 2 February 2000 in terms of
Joint Rule 160(3), classified the following Bill as a section 75
Bill:
(i) South African Airways Unallocatable Debt Bill [B 1 - 2000]
(National Assembly - sec 75) - (Portfolio Committee on Finance
- National Assembly).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Reports of the Auditor-General on the -
(1) Financial Statements of Vote 1 - President for 1998-99 [RP 126-
99];
(2) Financial Statements of the National Road Fund for 1997-98 [RP
166-99];
(3) Financial Statements of the Land and Agricultural Bank of South
Africa for 1998 [RP 162-99].
THURSDAY, 3 FEBRUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
1. The Minister for Justice and Constitutional Development on 2
February 2000 submitted a draft of the Administration of Estates
Amendment Bill, 2000, and the memorandum explaining the objects of
the proposed legislation, to the Speaker and the Chairperson in
terms of Joint Rule 159. The draft has been referred by the
Speaker and the Chairperson to the Portfolio Committee on Justice
and Constitutional Development and the Select Committee on
Security and Constitutional Affairs, respectively, in accordance
with Joint Rule 159(2).
2. The following papers have been tabled and are now referred to
the relevant committees mentioned below:
(1) The following paper is referred to the Standing Committee
on Public Accounts, the Portfolio Committee on Arts, Culture,
Science and Technology and the Select Committee on Education
and Recreation:
(a) Report of the Auditor-General on the Financial Statements
of Vote 5 - Arts, Culture, Science and Technology for
1998-99 [RP 130-99].
(2) The following papers are referred to the Standing
Committee on Public Accounts, the Portfolio Committee on
Health and the Select Committee on Social Services:
Reports of the Auditor-General on the -
(a) Financial Statements of the King George V Silver Jubilee
Fund for Tuberculosis for 1998-99 [RP 197-99];
(b) Financial Statements of the Health Donations Fund for 1998-
99 [RP 198-99].
(3) The following paper is referred to the Standing Committee
on Public Accounts, the Portfolio Committee on Communications
and the Select Committee on Labour and Public Enterprises:
(a) Report of the Auditor-General on the Financial Statements
of the Independent Broadcasting Authority for 1998-99.
(4) The following paper is referred to the Standing Committee
on Public Accounts:
(a) Report of the Auditor-General on the Financial Statements
of Vote 1 - President for 1998-99 [RP 126-99].
(5) The following paper is referred to the Standing Committee
on Public Accounts, the Portfolio Committee on Transport and
the Select Committee on Public Services:
(a) Financial Statements of the National Road Fund for 1997-98
[RP 166-99].
(6) The following paper is referred to the Standing Committee
on Public Accounts, the Portfolio Committee on Agriculture and
Land Affairs and the Select Committee on Land and
Environmental Affairs:
(a) Report of the Auditor-General on the Financial Statements
of the Land and Agricultural Bank of South Africa for
1998 [RP 162-99].
National Council of Provinces:
- The Chairperson:
1. The following papers have been tabled and are now referred to
the relevant committees mentioned below:
(1) The following papers are referred to the Select Committee
on Economic Affairs:
Reports of the Board on Tariffs and Trade on the -
(a) Rebate of duty on printed labels for use on locally
manufactured polypropylene containers and lids, Report No
3830;
(b) Rebate of the duty under Schedule 4 on racing car tyres
used in organised motor sport, Report No 3831;
(c) Applications for tariffs protection on adhesive bandages,
Report No 3832;
(d) Application for the reduction in the rate of duty on
flexible polyols, Report No 3833;
(e) Withdrawal of rebate provisions 306.01, 306.06, 306.07,
306.10 and 306.15, Report No 3836;
(f) Reinstatement of rebate provision on polybutadiene rubber
for the manufacture of tyres, Report No 3837;
(g) Application for reinstatement of duty on butanone, acetone
and butanol, Report No 3838;
(h) Application for rebate of the rate of duty on disodium
carbonate (Soda Ash) for the manufacture of sodium
silicate, Report No 3839;
(i) Application for rebate of the duty on rayon tyrecord
fabric for the manufacture of automotive tyres, Report No
3840;
(j) Rebate of the duty on an anionic organic surface - active
agent for the manufacture of ammonium nitrate and
magnesium nitrate fertilisers, Report No 3841;
(k) Rebate provision for nozzles for gas cutting torches,
Report No 3842.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Reports of the Auditor-General on the -
(1) Financial Statements of the University of Venda for 1997 [RP 185-
99];
(2) Financial Statements of the University of Transkei for 1997 [RP
189-99];
(3) Financial Statements of the University of Fort Hare for 1997 [RP
191-99].
Referred to the Standing Committee on Public Accounts, the Portfolio
Committee on Education and the Select Committee on Education and
Recreation.
FRIDAY, 4 FEBRUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister of Transport on 4 February 2000 submitted a draft
of the National Land Transport Transition Bill, 2000, and the
memorandum explaining the objects of the proposed legislation, to
the Speaker and the Chairperson in terms of Joint Rule 159. The
draft has been referred by the Speaker and the Chairperson to the
Portfolio Committee on Transport and the Select Committee on
Public Services, respectively, in accordance with Joint Rule
159(2).
(2) Assent by the President of the Republic in respect of the
following Bills:
Promotion of Access to Information Bill [B 67B - 98] - Act No 2
of 2000 (assented to and signed by President on 2 February
2000);
Promotion of Administrative Justice Bill [B 56B - 99] - Act No 3
of 2000 (assented to and signed by President on 2 February
2000);
Promotion of Equality and Prevention of Unfair Discrimination
Bill [B 57B - 99] - Act No 4 of 2000 (assented to and signed by
President on 2 February 2000); and
Preferential Procurement Policy Framework Bill [B 66B - 99] -
Act No 5 of 2000 (assented to and signed by President on 2
February 2000).
National Council of Provinces and National Assembly:
- The Chairperson and the Speaker:
(1) On 4 February 2000 the following Bill, at the request of the
Minister of Health, was introduced in the National Council of
Provinces by the Select Committee on Social Services. It was
referred to the Joint Tagging Mechanism (JTM) for classification
in terms of Joint Rule 160:
Chiropractors, Homeopaths and Allied Health Service Professions
Amendment Bill [B 2 - 2000] (National Council of Provinces - sec
76(2)) - (Select Committee on Social Services) [Explanatory
summary of Bill and prior notice of its introduction published in
Government Gazette No 20837 of 4 February 2000.]
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(1) Report of the Auditor-General on the Financial Statements of
Vote 12 - Education for 1998-99 [RP 135-99].
Referred to the Standing Committee on Public Accounts, the Portfolio
Committee on Education and the Select Committee on Education and
Recreation.
(2) Reports of the Auditor-General on the Financial Statements of
the Ntsika Enterprises Promotion Agency for 1997-98 [RP 117-99].
Referred to the Standing Committee on Public Accounts, the Portfolio
Committee on Trade and Industry and the Select Committee on Economic
Affairs.
MONDAY, 7 FEBRUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
The Speaker and the Chairperson:
The following members have been appointed to serve on the Committee mentioned, viz: Constitutional Review Committee: National Assembly: ANC
Asmal, A K; Baloyi, M R (Alt); Botha, N G W; Carrim, Y I; Chauke, H P
(Alt); Chohan, F I (Alt); De Lange, J H; George, M E; Ginwala, F N;
Hajaij, F; Jana, D P S; Jeffery, J H; Jordan, Z P; Mabandla, B S;
Maduna, P M; Magwanishe, G (Alt); Martins, B A D; Masutha, M T; Mbete,
B; Mgidi, J S (Alt); Mokaba, P R; Moosa, M V; Mufamadi, M S; Ngwane, L
B; Nhlanhla, J M; Nonkonyana, M; Omar, A M; Pahad, E G; Skweyiya, Z S
T; Solomon, G; Tshwete, S V; Verwoerd, M (Alt).
DP
Eglin, C W; Moorcroft, E K; Seremane, W J; Smuts, M.
IFP
Hlengwa, M W; Smith, P F; Zondi, K M.
New NP
Bakker, D M (Alt); Beukman, F; Camerer, S M; Gaum, A H.
UDM
Abrahams, T.
ACDP
Swart, S N.
FF
Mulder, C P.
AEB
Aucamp, C.
FA
Luyt, L.
PAC
De Lille, P.
UCDP
Mfundisi, I S.
AZAPO
Mangena, M A.
MF
Rajbally, S.
National Council of Provinces:
ANC
Bhabha, M Mpumalanga
Dlulane, B N Eastern Cape
Makoela, M I Northern Province
Moosa, M V Gauteng
Ntlabati, S N Free State
Pandor, G N M Western Cape
Qokweni, P G Eastern Cape
Sulliman, M A Northern Cape
Surty, M E North West
DP
Lever, L G North West
IFP
Bhengu, M J KwaZulu-Natal
New NP
Ackermann, C Western Cape
ACDP
Durr, K D S Western Cape
UCDP
Tlhagale, J O North West
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Public Enterprises:
(1) Report and Financial Statements of Transnet, Limited for 1998-
99.
- The Minister of Trade and Industry:
Report of the Board on Tariffs and Trade on the -
(1) Application for rebate of the duty on moulded, non-coniferous
wood for the manufacture of frames of pictures, photographs,
artwork and the like, Report No 3847;
(2) Withdrawal of rebate item 310.07 for the industry: Labels,
Tickets, Tapes and similar goods, Report No 3850;
(3) Reduction of the duty on stocking and pantyhose used mainly for
the treatment of various disorders of the blood circulatory
system, Report No 3852.
- The Minister of Labour:
(1) International Labour Conference Convention concerning the
prohibition and immediate action for the elimination of the worst
forms of child labour adopted by the conference at its eighty-
seventh Session, Geneva, 17 June 1999, tabled in terms of section
231(2) of the Constitution, 1996.
(2) Explanatory Memorandum to the Convention.
TUESDAY, 8 FEBRUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson: (1) The Minister of Trade and Industry on 28 January 2000 submitted a draft of the Competition Amendment Bill, 2000, and the memorandum explaining the objects of the proposed legislation, to the Speaker and the Chairperson in terms of Joint Rule 159. The draft has been referred by the Speaker and the Chairperson to the Portfolio Committee on Trade and Industry and the Select Committee on Economic Affairs, respectively, in accordance with Joint Rule 159(2).
(2) The following Bills were introduced in the National Assembly on
8 February 2000 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Tourism Amendment Bill [B 3 - 2000] (National Assembly -
sec 76(1)) - (Portfolio Committee on Environmental Affairs and
Tourism - National Assembly) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 20869 of 7 February 2000.]
(ii) Cross-Border Insolvency Bill [B 4 - 2000] (National
Assembly - sec 75) - (Portfolio Committee on Justice and
Constitutional Development - National Assembly) [Explanatory
summary of Bill and prior notice of its introduction published
in Government Gazette No 20862 of 4 February 2000.]
(3) The following papers have been tabled and are now referred to
the relevant committees as mentioned below:
(i) The following paper is referred to the Portfolio Committee
on Public Enterprises and Select Committee on Labour and
Public Enterprises:
Report and Financial Statements of Transnet, Limited for 1998-
99.
(ii) The following papers are referred to the Portfolio
Committee on Trade and Industry and Select Committee on
Economic Affairs:
Report of the Board on Tariffs and Trade on the -
1. Application for rebate of the duty on moulded, non-
coniferous wood for the manufacture of frames of
pictures, photographs, artwork and the like, Report No
3847;
2. Withdrawal of rebate item 310.07 for the industry: Labels,
Tickets, Tapes and similar goods, Report No 3850;
3. Reduction of the duty on stocking and pantihose used
mainly for the treatment of various disorders of the
blood circulatory system, Report No 3852.
National Council of Provinces:
- The Chairperson:
(1) The following changes have been made to the membership of
Committees, viz:
Public Services:
Discharged: Mahlangu, J L.
(2) A vacancy in the representation of the Free State Province
occurred on 31 January 2000 owing to the death of Mr C H Motshabi.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Reports of the Auditor-General on the -
(1) Financial statements of Vote 9 - Constitutional Development for
1998-99 [RP 132-99];
(2) Financial statements of Vote 15 - Foreign Affairs for 1998-99
[RP 138-99].
WEDNESDAY, 9 FEBRUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Subcommittee of the Joint Programme Committee on 9 February
2000 took a decision, in accordance with Joint Rule 216, that the
Chiropractors, Homeopaths and Allied Health Service Professions
Amendment Bill [B 2 - 2000] (National Council of Provinces - sec
76(2)) be fast-tracked with a view to ensuring that the Bill can
be passed by both Houses before the end of the current financial
year.
In terms of Joint Rule 216(4) this decision must be
tabled in both Houses for ratification.
(2) Assent by die President of the Republic in respect of the
following Bill:
(i) Pharmacy Amendment Bill [B 51 - 99] - Act No 1 of 2000
(assented to and signed by President on 9 February 2000).
- The Speaker and the Chairperson:
(1) The following papers have been tabled and are now referred to
the relevant committees as mentioned below:
(i) The following papers are referred to the Portfolio
Committee on Labour and the Select Committee on Labour and
Public Enterprises for consideration and report, the
committees to confer with the Joint Monitoring Committee on
Improvement of Quality of Life and Status of Children, Youth
and Disabled Persons:
(a) International Labour Conference Convention concerning the
prohibition and immediate action for the elimination of
the worst forms of child labour adopted by the conference
at its eighty-seventh Session, Geneva, 17 June 1999,
tabled in terms of section 231(2) of the Constitution,
1996.
(b) Explanatory Memorandum to the Convention.
(ii) The following paper is referred to the Standing Committee
on Public Accounts for consideration and report. It is also
referred to the Portfolio Committee on Justice and
Constitutional Development and to the Select Committee on
Security and Constitutional Affairs:
Report of the Auditor-General on the Financial Statements of
Vote 9 - Constitutional Development for 1998-99 [RP 132-99].
(iii) The following paper is referred to the Standing Committee
on Public Accounts for consideration and report. It is also
referred to the Portfolio Committee on Foreign Affairs and the
Select Committee on Economic Affairs:
Report of the Auditor-General on the Financial Statements of
Vote 15 - Foreign Affairs for 1998-99 [RP 138-99].
TABLINGS: National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Reports of the Auditor-General on the -
(1) Financial Statements of Vote 26 - Public Service and
Administration for 1998-99 [RP 150-99];
(2) Financial Statements of Vote 30 - South African Management
Development Institute for 1998-99 [RP 153-99].
Referred to the Standing Committee on Public Accounts for consideration
and report. It is also referred to the Portfolio Committee on Public
Service and Administration and the Select Committee on Local Government
and Administration.
- The Minister of Arts, Culture, Science and Technology:
(1) Report and Financial Statements of the State Library for 1997-
98, including the Report of the Auditor-General on the Financial
Statements.
Referred to the Portfolio Committee on Arts, Culture, Science and
Technology and to the Select Committee on Education and Recreation.
- The Minister of Trade and Industry:
Reports of the Board on Tariffs and Trade on the -
(1) Application for rebate of the duty on a certain petroleum oil
for the manufacture of can sealing and bottle lining compounds,
Report No 3846;
(2) Application for rebate of duty on certain tubes and steel pipes
for the manufacture of electric heating resistors, Report No 3849;
(3) Withdrawal of rebate items 307.01 and 307.05 of Schedule 3 to
the Customs and Excise Act, 1964; Report No 3851;
(4) Revision of the duty structure for valves of the kind used with
rubber pneumatic tyres or inner tubes and parts thereof, Report No
3853;
(5) Application for an increase in the duty on telecommunication
apparatus, Report No 3854;
(6) Withdrawal of rebate of the duty on waste cotton yarn for the
manufacture of mutton cloth; Report No 3855
(7) Application for a reduction in the duty on certain flat rolled
products of iron or steel; Report No 3856;
(8) Application for an increase in the rate of duty on
trichloroethylene and perchloroethylene; Report No 3857;
(9) Review of the anti-dumping duty on laundry drying machine,
tumbler type, originating in/or imported from Australia: Final
Determination; Report No 3858.
Referred to the Portfolio Committee on Trade and Industry and the
Select Committee on Economic Affairs.
- The Minister for Justice and Constitutional Development:
(1) Regulation No 1299 published in Government Gazette No 20594
dated 29 October 1999, Amendment of the Rules regulating the
several Provincial and Local Divisions of the High Court of South
Africa, made in terms of the Rules Board for Courts of Law Act,
1985 (Act No 107 of 1985).
(2) Proclamation No R.166 published in Government Gazette No 20627
dated 15 November 1999, Commencement of the Maintenance Act, 1998
(Act No 99 of 1998).
(3) Government Notice No R.1421 published in Government Gazette No
20660 dated 23 November 1999, Determination of salaries of Deputy
Directors of Public Prosecutions and Prosecutors for the purpose
of the National Prosecuting Authority Act, 1998 (Act No 32 of
1998).
(4) Government Notice No 1449 published in Government Gazette No
20686 dated 30 November 1999, Determination of
Magistrates'salaries for the purpose of the Magistrates Act, 1993
(Act No 90 of 1993).
(5) Proclamation No R.127 published in Government Gazette No 20739
dated 15 December 1999, Remuneration of Judges, made in terms of
Judges' Remuneration and Conditions of Employment Act, 1989 (Act
No 88 of 1989).
(6) Proclamation No R.128 published in Government Gazette No 20739
dated 15 December 1999, Remuneration of Judges, made in terms of
Judges' Remuneration and Conditions of Service Decree, 1990
(Decree No 19 of 1990)(Transkei).
(7) Proclamation No R.129 published in Government Gazette No 20739
dated 15 December 1999, Remuneration of Judges, made in terms of
Judges' Remuneration and Conditions of Employment Act, 1989 (Act
No 27 of 1989)(Bophuthatswana).
(8) Government Notice No R.1498 published in Government Gazette No
20714 dated 17 December 1999, Amendment of Regulations made in
terms of Magistrates Act, 1993 (Act No 90 of 1993).
(9) Government Notice No R.1475 published in Government Gazette No
20695 dated 10 December 1999, Amendment of the First Schedule to
the Supreme Court Act, 1959 (Act No 59 of 1959)
(10) Proclamation No R.133 published in Government Gazette No 20781
dated 30 December 1999, Commencement of certain sections of the
Magistrates' Courts Amendment Act, 1993 (Act No 120 of 1993).
Referred to the Portfolio Committee on Justice and Constitutional
Development and the Select Committee on Security and Constitutional
Affairs.
(11) Government Notice No R.1391 published in Government Gazette No
20627 dated 15 November 1999, Regulations relating to maintenance
made in terms of section 44 of the Maintenance Act, 1998 (Act No
99 of 1998).
Referred to the Portfolio Committee on Justice and Constitutional
Development, the Select Committee on Security and Constitutional
Affairs and the Joint Monitoring Committee on Improvement of Quality of
Life and Status of Women.
- The Minister of Environmental Affairs and Tourism:
(1) Government Notice No R.27 published in Government Gazette No
20796 dated 15 January 2000, Amendment of Regulations made in
terms of section 77 of the Marine Living Resources Act, 1998 (Act
No 18 of 1998).
Referred to the Portfolio Committee on Environmental Affairs and
Tourism and the Select Committee on Land and Environmental Affairs.
THURSDAY, 10 FEBRUARY 2000
ANNOUNCEMENTS:
National Council of Provinces and National Assembly:
- The Chairperson and the Speaker:
(1) On 10 February 2000 the following Bill, at the request of the
Minister of Transport, was introduced in the National Council of
Provinces by the Select Committee on Public Services. It was
referred to the Joint Tagging Mechanism (JTM) for classification
in terms of Joint Rule 160:
National Land Transport Transition Bill [B 5 - 2000] (National
Council of Provinces - sec 76(2)) - (Select Committee on Public
Services) [Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 20868 of 7
February 2000.]
FRIDAY, 11 FEBRUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
1. The Speaker and the Chairperson directed the Secretary on 3
February 2000, notwithstanding the provisions of Joint Rule 221,
to send the official text (English version) of the Promotion of
Equality and Prevention of Unfair Discrimination Bill [B 57B - 99]
to the President for assent pending finalisation of the official
translation.
MONDAY, 14 FEBRUARY 2000 TABLINGS:
National Council of Provinces:
Papers:
- The Minister of Transport:
International COSPAS-SARSAT Programme Agreement dealing with provision
of distress alert and location data in support of search and rescue
operations, tabled in terms of section 231(3) of the Constitution,
1996.
Referred to the Select Committee on Public Services.
- The Minister of Trade and Industry:
(1) State of Small Business in South Africa Review for 1998.
(2) Report and Financial Statements of Support Programme for
Industrial Innovation for 1998-99.
(3) Report and Financial Statements of Ntsika Enterprise Promotion
Agency for 1998-99, including the Report of the Auditor-General on
the Financial Statements.
(4) Report and Financial Statements of the Competition Commission
for 1998-99, including the Report of the Auditor-General on the
Financial Statements.
Referred to the Select Committee on Economic Affairs.
- The Minister for Agriculture and Land Affairs:
Report and Financial Statements of the South African Veterinary Council
for 1998-99.
Referred to the Select Committee on Land and Environmental Affairs.
TUESDAY, 15 FEBRUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson: The following changes have been made to the membership of Joint Committees, viz:
Constitutional Review:
Appointed: Bakker, D M; Beukman, F; Camerer, S M; Gaum, A H; Van
Deventer, F J (Alt).
Ethics and Members' Interests:
Appointed: Blaas, A; Pretorius, I J.
Discharged: Dowry, J J; Greyling, C H F.
Improvement of Quality of Life and Status of Children, Youth and
Disabled Persons:
Appointed: Mbuyazi, L R; Witbooi, J.
Discharged: Ackermann, C; Mars, I.
Intelligence:
Appointed: Olckers, M E.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(1) Report of the Auditor-General on the Financial Statements of
Vote 19 - Improvements of Conditions of Service for 1998-99 [RP
143-99].
(2) Special Report of the Auditor-General on the Investigation into
the Stockholding of the Department of Defence for 1998-99 [RP 33-
2000].
- The Minister of Finance:
(1) Report and Financial Statements of the Registrar of Unit Trust
Companies for 1998.
(2) First Report of the Registrar of Short-Term Insurance for 1998-
99.
(3) First Report of the Registrar of Long-Term Insurance for 1998-
99.
(4) Fortieth Report and Financial Statements of the Registrar of
Pension Funds for 1998.
Referred to the Portfolio Committee on Finance and to the Select
Committee on Finance.
- The Minister of Trade and Industry:
Report of the Technology and Human Resources for Industry Programme for
1998-99.
Referred to the Portfolio Committee on Trade and Industry and to the
Select Committee on Economic Affairs.
WEDNESDAY, 16 FEBRUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(i) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Defence and the Select Committee on
Security and Constitutional Affairs for information:
Special Report of the Auditor-General on the Investigation
into the Stockholding of the Department of Defence for 1998-99
[RP 33-2000].
(ii) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Public Service and Administration
and Select Committee on Local Government and Administration for
information:
Report of the Auditor-General on the Financial Statements of
Vote 19 - Improvements of Conditions of Service for 1998-99
[RP 143-99].
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
-
The Speaker and the Chairperson:
Report of the Auditor-General on the Financial Statements of Vote 11 - Defence, Trading Account for Medical Stock, Special Defence Account for 1998-99 and the Performance Audit on 1 Military Town Management [RP 134-99].
Referred to the Standing Committee on Public Accounts for consideration
and report, and to the Portfolio Committee on Defence and the Select
Committee on Security and Constitutional Affairs for information.
-
The Minister of Sport and Recreation:
Report of the Department of Sport and Recreation for 1998-99 [RP 200-99].
Referred to the Portfolio Committee on Sport and Recreation and the
Select Committee on Education and Recreation.
THURSDAY, 17 FEBRUARY 2000
ANNOUNCEMENTS: National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
In accordance with the Intelligence Services Control Act, 1994 (as
amended), Ms N M Nqakula has been appointed Chairperson of the Joint
Standing Committee on Intelligence.
- The Speaker and the Chairperson:
(1) The following Bill was introduced in the National Assembly on 17
February 2000 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
Financial Institutions (Investment of Funds) Bill [B 6 - 2000]
(National Assembly - sec 75) - (Portfolio Committee on Finance -
National Assembly) [Explanatory summary of Bill and prior notice
of its introduction published in Government Gazette No 20801 of 7
January 2000.]
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 16 February 2000 in terms
of Joint Rule 160(4), classified the following Bill as a section
76 Bill:
(i) Tourism Amendment Bill [B 3 - 2000] (National Assembly -
sec 76(1)) - (Portfolio Committee on Environmental Affairs and
Tourism - National Assembly).
(2) The Joint Tagging Mechanism (JTM) on 17 February 2000 in terms
of Joint Rule 160(3), classified the following Bill as a section
75 Bill:
(i) Cross-Border Insolvency Bill [B 4 - 2000] (National
Assembly - sec 75) - (Portfolio Committee on Justice and
Constitutional Development - National Assembly).
(3) The Joint Tagging Mechanism (JTM) on 17 February 2000 in terms
of Joint Rule 160(4), classified the following Bill as a section
76 Bill:
(i) Chiropractors, Homeopaths and Allied Health Service
Professions Amendment Bill [B 2 - 2000] (National Council of
Provinces - sec 76(2)) - (Select Committee on Social Services
- National Council of Provinces).
National Council of Provinces:
- The Chairperson:
In accordance with the Intelligence Services Control Act, 1994 (as
amended), the following member of the National Council of Provinces has
been appointed to serve on the Joint Standing Committee on
Intelligence:
Mahlangu, J L.
- The Chairperson:
Message from National Assembly to National Council of Provinces:
Bills passed by National Assembly on 16 February 2000 and transmitted
for concurrence:
(a) Fire Brigade Services Amendment Bill [B 63B - 99] (National
Assembly - sec 76(1)) - (Select Committee on Local Government and
Administration - National Council of Provinces).
(b) Land Affairs General Amendment Bill [B 64B - 99] (National
Assembly - sec 75) - (Select Committee on Land and Environmental
Affairs - National Council of Provinces).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(1) Report of the Auditor-General on the Financial Statements of
Vote 3 - Parliament for 1998-99 [RP 128-99].
To be referred to the Standing Committee on Public Accounts for
consideration and report and to the Select Committee on Finance
for information.
(2) Report of the Auditor-General on the Financial Statements of
Vote 37 - Welfare for 1998-99 [RP 161-99].
To be referred to the Standing Committee on Public Accounts for
consideration and report and to the Portfolio Committee on Welfare
and Population Development and the Select Committee on Social
Services for information.
- The Minister of Public Works:
Progress report of the Inter-Ministerial Task Team on Construction
Industry Development, November 1999.
Referred to the Portfolio Committee on Public Works and the Select
Committee on Public Service.
- The Minister for Justice and Constitutional Development:
Documents, in terms of section 3(11)(a) of the Public Protector Act,
1994, on remuneration, allowances and other conditions of employment
determined by the Public Protector for staff in his office.
Note: Section 3(11)(b) provides that if Parliament disapproves of any
determination such determination shall cease to be of force to the
extent to which it is so disapproved.
Referred to the Portfolio Committee on Justice and Constitutional
Development and the Select Committee on Security and Constitutional
Affairs.
TUESDAY, 22 FEBRUARY 2000
ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson:
Message from National Assembly to National Council of Provinces:
Bills passed by National Assembly on 22 February 2000 and transmitted
for concurrence:
(a) South African Airways Unallocatable Debt Bill [B 1 - 2000]
(National Assembly - sec 75) - (Select Committee on Finance -
National Council of Provinces).
(b) Financial Services Board Amendment Bill [B 62B - 99] (National
Assembly - sec 75) - (Select Committee on Finance - National
Council of Provinces).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
-
The Speaker and the Chairperson: (1) Report of the Auditor-General on the Financial Statements of Vote 24 - Minerals and Energy for 1998-99 [RP 148-99].
Referred to the Standing Committee on Public Accounts for consideration and report, the Portfolio Committee on Minerals and Energy and the Select Committee on Economic Affairs for information.
(2) Special Report of the Auditor-General on an investigation at the
South African Telecommunications Regulatory Authority (SATRA)[RP
47-2000].
Referred to the Portfolio Committee on Communications.
(3) Reports of the Auditor-General on the -
(a) Financial Statements of Vote 22 - Labour for 1998-99 [RP
146-99];
(b) Financial Statements of Vote 29 - Government
Communications and Information System [RP 139-99].
Referred to the Standing Committee on Public Accounts.
WEDNESDAY, 23 FEBRUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bill was introduced in the National Assembly on 23
February 2000 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Nonprofit Organisations Amendment Bill [B 9 - 2000]
(National Assembly - sec 76(1)) - (Portfolio Committee on
Welfare and Population Development - National Assembly)
[Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 20913 of 21
February 2000.]
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
-
The President of the Republic: Memorandum on Vote No 1 - –“Presidency-“, Main Estimates, 2000-2001.
-
The Deputy President:
Memorandum on Vote No 12 - --"Government Communication and Inform-ation
System", Main Estimates, 2000-2001.
Referred to the Portfolio Committee on Communications and the Select
Committee on Labour and Public Enterprises.
- The Speaker of the National Assembly and the Chairperson of the National Council of Provinces:
Memorandum on Vote No 2 - "Parliament", Main Estimates, 2000-2001.
- The Minister of Home Affairs:
Memorandum on Vote No 14 - "Home Affairs", Main Estimates, 2000-2001.
Referred to the Portfolio Committee on Home Affairs and the Select
Committee on Social Services.
- The Minister of Education: Memorandum on Vote No 8 - “Education”, Main Estimates, 2000-2001.
Referred to the Portfolio Committee on Education and the Select
Committee on Education and Recreation.
- The Minister of Foreign Affairs:
Memorandum on Vote No 11 - "Foreign Affairs", Main Estimates, 2000-
2001.
Referred to the Portfolio Committee on Foreign Affairs and the Select
Committee on Economic Affairs.
- The Minister of Defence:
Memorandum on Vote No 7 - "Defence", Main Estimates, 2000-2001.
Referred to the Portfolio Committee on Defence and the Select Committee
on Security and Constitutional Affairs.
- The Minister of Finance:
(1) Memorandum on Vote No 10 - "Finance", Main Estimates, 2000-2001.
(2) Memorandum on Vote No 30 - "State Expenditure", Main Estimates,
2000-2001.
(3) Memorandum on Vote No 31 - "Statistics South Africa", Main
Estimates, 2000-2001.
(4) Memorandum on South African Revenue Services Vote, Main
Estimates, 2000-2001.
(5) The Budget Speech of the Minister of Finance.
(6) Estimate of Expenditure to be defrayed from the National Revenue
Fund during the financial year ending 31 March 2001 [RP 2-2000].
(7) Estimate of Revenue for the financial year ending 31 March 2001
[RP 3-2000].
(8) Taxation proposals: Income Tax.
(9) Taxation proposals in respect of Custom and Excise duties laid
upon the Table at 15:25.
(10) Division of Revenue Bill [B 8 - 2000] tabled in terms of section
10(1) of the Intergovernmental Fiscal Relations Act, 1997 (Act No
97 of 1997).
(11) Budget Review 2000, including "Annexure E: Memorandum to
accompany the Division of Revenue Bill", tabled in terms of
section 10(5) of the Intergovernmental Fiscal Relations Act, 1997
(Act No 97 of 1997).
(12) National Expenditure Survey 2000.
(13) Appropriation Bill [B 7 - 2000].
Referred to the Portfolio Committee on Finance and the Select Committee
on Finance.
- The Minister for Provincial and Local Government:
Memorandum on Vote No 22 - --"Provincial- and Local Government", Main
Estimates, 2000-2001.
Referred to the Portfolio Committee on Provincial and Local Government
and the Select Committee on Local Government and Administration.
The Minister of Arts, Culture, Science and Technolgy:
Memorandum on Vote No 4 - "Arts, Culture, Science and Technology", Main
Estimates, 2000-2001.
Referred to the Portfolio Committee on Arts, Culture, Science and
Technology and the Select Committee on Education and Recreation.
- The Minister of Transport:
Memorandum on Vote No 33 - "Transport", Main Estimates, 2000-2001.
Referred to the Portfolio Committee on Transport and the Select
Committee on Public Services.
- The Minister for Public Enterprises:
Memorandum on Vote No 23 - "Public Enterprises", Main Estimates, 2000-
2001.
Referred to the Portfolio Committee on Public Enterprises and the
Select Committee on Labour and Public Enterprises.
- The Minister of Public Works:
Memorandum on Vote No 26 - "Public Works", Main Estimates, 2000-2001.
Referred to the Portfolio Committee on Public Works and the Select
Committee on Public Services.
- The Minister for Welfare and Population Development:
Memorandum on Vote No 35 - "Welfare", Main Estimates, 2000-2001.
Referred to the Portfolio Committee on Welfare and Population
Development and the Select Committee on Social Services.
- The Minister for Safety and Security:
Memorandums on -
(1) Vote No 17 - "Independent Complaints Directorate", Main
Estimates, 2000-2001.
(2) Vote No 28 - "South African Police Service", Main Estimates,
2000-2001.
Referred to the Portfolio Committee on Safety and Security and the
Select Committee on Security and Constitutional Affairs.
- The Minister of Housing: Memorandum on Vote No 15 - “Housing”, Main Estimates, 2000-2001.
Referred to the Portfolio Committee on Housing and the Select Committee
on Public Services.
- The Minister of Trade and Industry:
Memorandum on Vote No 32 - "Trade and Industry", Main Estimates, 2000-
2001.
Referred to the Portfolio Committee on Trade and Industry and the
Select Committee on Economic Affairs.
- The Minister for Justice and Constitutional Development:
Memorandum on Vote No 18 - "Justice and Constitutional Development",
Main Estimates, 2000-2001.
Referred to the Portfolio Committee on Justice and Constitutional
Development and the Select Committee on Security and Constitutional
Affairs.
- The Minister of Environmental Affairs and Tourism:
Memorandum on Vote No 9 - "Environmental Affairs and Tourism", Main
Estimates, 2000-2001.
Referred to the Portfolio Committee on Environmental Affairs and
Tourism and the Select Committee on Land and Environmental Affairs.
- The Minister for the Public Service and Administration:
Memorandums on -
(1) Vote No 24 - "Public Service and Administration", Main
Estimates, 2000-2001.
(2) Vote No 25 - "Public Service Commission", Main Estimates, 2000-
2001.
(3) Vote No 27 - "South African Management Development Institute",
Main Estimates, 2000-2001.
Referred to the Portfolio Committee on Public Service and
Administration and the Select Committee on Local Government and
Administration.
- The Minister of Communications:
Memorandum on Vote No 5 - "Communications", Main Estimates, 2000-2001.
Referred to the Portfolio Committee on Communications and the Select
Committee on Labour and Public Enterprises.
- The Minister of Labour:
Memorandum on Vote No 19 - "Labour", Main Estimates, 2000-2001.
Referred to the Portfolio Committee on Labour and the Select Committee
on Labour and Public Enterprises.
- The Minister of Correctional Services:
Memorandum on Vote No 6 - "Correctional Services", Main Estimates, 2000-
2001.
Referred to the Portfolio Committee on Correctional Services and the
Select Committee on Security and Constitutional Affairs.
- The Minister for Agriculture and Land Affairs:
Memorandums on -
(1) Vote No 3 - "Agriculture", Main Estimates, 2000-2001.
(2) Vote No 20 - "Land Affairs", Main Estimates, 2000-2001.
Referred to the Portfolio Committee on Agriculture and Land Affairs and
the Select Committee on Land and Environmental Affairs.
- The Minister of Water Affairs and Forestry:
Memorandum on Vote No 34 - "Water Affairs and Forestry", Main
Estimates, 2000-2001.
Referred to the Portfolio Committee on Water Affairs and Forestry and
the Select Committee on Land and Environmental Affairs.
- The Minister of Minerals and Energy:
Memorandum on Vote No 21 - "Minerals and Energy", Main Estimates, 2000-
2001.
Referred to the Portfolio Committee on Minerals and Energy and the
Select Committee on Economic Affairs.
- The Minister of Health:
Memorandum on Vote No 13 - "Health", Main Estimates, 2000-2001.
Referred to the Portfolio Committee on Health and the Select Committee
on Social Services.
- The Minister of Sport and Recreation:
Memorandum on Vote No 29 - "Sport and Recreation", Main Estimates, 2000-
2001.
Referred to the Portfolio Committee on Sport and Recreation and the
Select Committee on Education and Recreation.
THURSDAY, 24 FEBRUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
The following papers were tabled on 22 February 2000 and referred to
the Standing Committee on Public Accounts. They are now referred for
information to the relevant committees as mentioned below.
(i) The following paper is referred to the Portfolio Committee on
Communications and the Select Committee on Labour and Public
Enterprises:
Report of the Auditor-General on the Financial Statements of Vote
29 - Government Communications and Information System [RP 139-99].
(ii) The following paper is referred to the Portfolio Committee on Labour and the Select Committee on Labour and Public Enterprises:
Report of the Auditor-General on the Financial Statements of Vote
22 - Labour for 1998-99 [RP 146-99].
National Council of Provinces:
- The Chairperson:
Mr P A Matthee has been elected chairperson of the Select Committee on
Members' and Provincial Legislative Proposals with effect from 23
February 2000. TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Trade and Industry:
(1) Report and Financial Statements of Khula Enterprise Finance,
Limited for 1997-98.
(2) Report and Financial Statements of Khula Enterprise Finance,
Limited for 1998-99.
(3) Report of the Board on Tariffs and Trade on withdrawal of
provisions under rebate item 311.24, 311.26 and 311.28.
Referred to the Portfolio Committee on Trade and Industry and the
Select Committee on Economic Affairs.
- The Minister of Environmental Affairs and Tourism:
Report of the Department of Environmental Affairs and Tourism for 1998-
99 [RP 192-99].
Referred to the Portfolio Committee on Environmental Affairs and
Tourism and the Select Committee on Land and Environmental Affairs.
- The Minister of Communications:
Report and Financial Statements of Sentech for 1997-98.
Referred to the Portfolio Committee on Communications and the Select
Committee on Labour and Public Enterprises.
- The Minister of Water Affairs and Forestry:
(1) Government Notice No 2419 published in the Government Gazette No
20584 dated 5 November 1999, Extension of time in terms of the
National Forests Act, 1998 (Act No 84 of 1998).
(2) Government Notice No 2450 published in the Government Gazette No
20603 dated 12 November 1999, Exemption in terms of section 24(6)
of the National Forests Act, 1998 (Act No 84 of 1998).
(3) Regulation No R.1352 published in the Government Gazette No
20606 dated 12 November 1999, Regulation requiring that a water
use be registered made in terms of the National Water Act, 1998
(Act No 36 of 1998).
(4) Government Notice No 1353 published in the Government Gazette No
20615 dated 12 November 1999, Establishment of a pricing strategy
for water use charges in terms of section 56(1) of the National
Water Act, 1998 (Act No 36 of 1998).
(5) Government Notice No 1358 published in the Government Gazette No
20619 dated 19 November 1999, Release of part of Tweefontein State
Forest which is no longer required for forestry made in terms of
section 50(4) of the National Forests Act, 1998 (Act No 84 of
1998).
(6) Government Notice No 1359 published in the Government Gazette No
20619 dated 19 November 1999, Release of parts of State Forests
which are no longer required for forestry made in terms of section
50(4) of the National Forests Act, 1998 (Act No 84 of 1998).
(7) Government Notice No 1513 published in the Government Gazette No
20733 dated 24 December 1999, Release of parts of Grabouw State
Forests which are no longer required for forestry made in terms of
section 50(4) of the National Forests Act, 1998 (Act No 84 of
1998).
(8) Government Notice No 1514 published in the Government Gazette No
20733 dated 24 December 1999, Release of a part of Hangklip State
Forests which is no longer required for forestry made in terms of
section 50(4) of the National Forests Act, 1998 (Act No 84 of
1998).
Referred to the Portfolio Committee on Water Affairs and Forestry and
the Select Committee on Land and Environmental Affairs.
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Labour and Public Enterprises on the Elimination of Child Labour Convention, dated 22 February 2000, as follows:
The Select Committee on Labour and Public Enterprises, having considered the request for approval by Parliament of the International Labour Conference Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, adopted by the conference at its eighty- seventh Session, Geneva, 17 June 1999, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Convention.
Report to be considered.
FRIDAY, 25 FEBRUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
The Speaker and the Chairperson:
The following changes have been made to the membership of Committees, viz:
Improvement of Quality of Life and Status of Children, Youth and
Disabled Persons:
Discharged: Goniwe, T M.
National Council of Provinces:
The Chairperson:
The following changes have been made to the membership of Committees, viz:
Local Government and Administration:
Appointed: Matthee, P A.
MONDAY, 28 FEBRUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 28 February 2000 in terms
of Joint Rule 160(4), classified the following Bill as a section
76 Bill:
(i) Division of Revenue Bill [B 8 - 2000] (National Assembly -
sec 76(1)) - (Portfolio Committee on Finance - National
Assembly).
(2) The Joint Tagging Mechanism (JTM) on 28 February 2000 in terms
of Joint Rule 160(6), classified the following Bill as a money
Bill:
(i) Appropriation Bill [B 7 - 2000] (National Assembly - sec
77) - (Portfolio Committee on Finance - National Assembly).
TUESDAY, 29 FEBRUARY 2000
ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson:
The following correspondence has been received from the President
regarding communication between his Office and the the World
Association of Newspapers concerning the South African Human Rights
Commission's hearing on racism in the media:
(1) His Excellency Thabo Mvuyelwa Mbeki
President
Office of the President, Private Bag X1000
Union Buildings, Government Avenue
0001 Pretoria
South Africa
21 February 2000
Your Excellency,
We are writing on behalf of the World Association of Newspapers
and the World Editors Forum, which represent more than 17,000
publications in 93 countries, to express our serious concern that
at least six editors and an unknown number of other journalists
have been subpoenaed by the South African Human Rights Commission
(SAHRC) to appear at its hearings into "racism in the media" early
next month.
The editors of the Sunday Times, The Mail and Guardian, Die
Burger, Cape Times, Cape Argus, the magazine You and
representatives of 24 other news organisations have been ordered
to appear at Braamfontein counsel chambers in Johannesburg in
order to "testify on (their) product's policies and guidelines on
the reporting of and commenting on national and international
events which impact on racism response", under threat of a fine or
jail sentence of six months if they refuse.
WAN has from the outset opposed the Commission's initiative (see
copy, attached, of our January 1999 letter to President Mandela);
we now find many of our worst fears and objections to this process
reinforced.
The SAHRC's Interim Report (November 1999) contains numerous
alarming examples of the arbitrary interpretation of what might or
might not constitute racism. Indeed, the researcher who compiled
the report rightly conceded in her preface: "Drawing legal
conclusions would be well beyond the scope of the research brief
and my own professional competence. The analysis is clearly highly
selective".
We maintain that the question of racism should be confronted
within the framework of any existing legal provisions which apply
to all citizens of society, and that specific measures applicable
only to the media are an infringement of press freedom. We believe
that a Commission of Inquiry into the media with the powers of
"search, seizure and arrest" is a wholly inappropriate body to
deal with such issues and a very real threat to freedom of
expression and editorial independence.
We respectfully call on you to urgently reconsider the mandate and
powers given to this Government-sponsored, though "independent"
inquiry, and to have the subpoenas addressed to editors and other
media representatives withdrawn before any further damage is
caused to South Africa's image in the international community.
I look forward to receiving your comments on these cases.
Yours sincerely,
(Signed) (Signed)
Bengt Braun Ruth de Aquino
President President
World Association of Newspapers World Editors Forum
(2) 24 February 2000
The President
World Association of Newspapers
25, rue d'Astorg
75008 Paris
FRANCE
Dear Mr Braun
We acknowledge receipt of your letter dated 21 February 2000
addressed to the President.
We will bring the letter to the attention of the President.
In the meantime, I thought it appropriate that I correct some
misconceptions you might have about the status of the Human Rights
Commission.
The Human Rights Commission is an institution created by our
Constitution as one of the bodies supporting democracy. The
Commission is independent of Government and is accountable only to
Parliament.
The Government, therefore, has no control over the actions of the
Commission. Our Constitution states quite clearly that "No person
or organ of State may interfere with the functioning of these
institutions".
Members of the Government have themselves, on past occasions,
appeared before the Human Rights Commission under subpoena.
We recognise the Constitutional right of the Commission to
exercise its powers without interference from any person. Hence
the Government has accepted the powers of the Commission to
subpoena members of the Government.
The Government did not "sponsor" the inquiry into racism in the
media as suggested in your letter. You may have been informed that
the Human Rights Commission will be hosting a conference on racism
later this year, hence your confusion. The conference is not
related to the inquiry by the Commission, which inquiry was
initiated long before the decision on the conference was taken.
Not being a party to the proceedings, we do not understand the
legal and constitutional basis upon which the objection to the
subpoenas is based.
We also do not understand in what manner is the inquiry a threat
to the constitutionally protected right to freedom of expression.
Yours sincerely
(Signed)
MOJANKU GUMBI
LEGAL ADVISER TO THE PRESIDENT
(3) February 26, 2000
Dear Mr Braun and Ms de Aquino,
Presumably, you have received the February 24 response of my Legal
Advisor, Advocate Gumbi, to your letter dated February 21.
I agree fully with the observations contained in her letter.
You are well aware of the catastrophe imposed on our people by
over three hundred years of racism, starting with the virtually
genocidal annihilation of the Khoi and San people whom the
European settlers found at the Cape of Good Hope in the 17th
Century.
Consequently, the post-World War II apartheid system in our
country was but a brutal refinement and further entrenchment of
the racial and racist oppression and exploitation of the black
majority by the descendants of these and later European settlers
during the previous three centuries.
As you will understand, the elimination of racism in our country
is central to the enhancement and protection of the human rights
of the overwhelming majority of our people.
It is obvious that the legacy of the scourge of racism, which has,
over the centuries, claimed countless black lives and resulted in
massive human degradation, which continues to this day, could not
have been wiped out in the short period since we achieved our
freedom in 1994.
A South African Human Rights Commission would therefore be in
grave default if it did not concern itself with a human rights
matter as critically important to our people as racism.
For this reason, as indicated by Advocate Gumbi, our Human Rights
Commission (HRC) will be hosting a National Conference against
Racism later this year.
Again as she reported, we will be happy to host the UN World
Conference on Racism next year.
Many of our independent Constitutional Commissions, including the
HRC, investigate various matters on the basis of complaints lodged
with them by members of the public.
To the best of my knowledge, the HRC instituted its investigation
of racism in the media as a result of complaints lodged by such
members of the South African public. You can verify this for
yourselves.
I therefore find it strange and disturbing that you describe the
HRC inquiry as --"Government-sponsored".
This is particularly so given that we assumed that the positions
you hold guaranteed that you would represent the best in
journalism, including respect for the truth and aversion to
propaganda.
In this context, I must make the point that our Government has not
and will not make any determination with regard to the merits or
demerits of the HRC inquiry into racism in the media.
Like the majority of South Africans, we await the outcome of this
inquiry.
As Advocate Gumbi indicated, ours is a constitutional democracy.
It is therefore a matter of serious concern to me that the World
Association of Newspapers and the World Editors Forum suggest that
our Government should violate the Constitution.
You urge that we should commit a serious illegal act by destroying
the constitutionally guaranteed independence of the HRC.
This we will not do, in the interest of democracy in our country,
respect for the Constitution and the entrenchment of the rule of
law.
We ourselves negotiated and approved the Constitution to which we
refer and are therefore committed to the objectives it spells out
in black and white.
Among other things, this Constitution, which is supported by all
South Africans, directs that we should transform ours into a non-
racial society.
It also guarantees the freedom of expression and editorial
independence to which you refer.
As a Government, we are committed to both of these constitutional
objectives and will not consciously or deliberately seek to
undermine or compromise them.
You propose that any possible racism in the media `should be
confronted within the framework of any existing legal provisions
which apply to all citizens of society'.
Undoubtedly, if our country's law enforcement agencies felt that
anybody, including the media, was acting in violation of the law
with regard to the issue of racism, they would take the kind of
action you propose.
The HRC is not one of these law enforcement agencies and can only
act in a manner that is consistent with its constitutional and
legal possibilities and mandate.
In the event that the HRC acts outside of this mandate, any
aggrieved person has the possibility of recourse to our ordinary
courts as well as the Constitutional Court.
If the South African editors, to whom you refer, feel that their
freedom of expression and editorial independence are threatened by
the HRC hearings, they are free to resort to these courts in
defence of what are constitutionally protected rights.
Your appeal to us to intervene in this matter is both dangerous
and misplaced.
It is precisely the kind of initiative you propose we should take
that would damage the image of our Government and country in the
eyes of both of our own people and the international community.
I trust that you too will agree with me that there can be nothing
honourable in undermining the struggle against racism and
compromising our respect for the Constitution and the law.
If you disagree with what both Advocate Gumbi and I have said, you
are free to petition both our Human Rights Commission and our
courts.
I would like to assure you that, like yourselves, we too are
committed to the defence of freedom of expression and editorial
independence.
If you care to study the history of the media in South Africa,
especially during the apartheid years, you will see how the regime
of racism worked systematically to destroy the media and the media
workers committed to the liberation of our people.
Accordingly, our own very painful history teaches us that freedom
of expression is fundamental to our own liberty.
This also means that we are happy to encourage everybody else to
be vigilant against any regression on this issue on the part of
any Government in our country, including our own.
We say all this because we waged a hard and protracted struggle to
achieve the ojectives of freedom of expression and press freedom,
during which many lives were lost and many people suffered in
prison and in exile.
The freedom we have achieved gives us the possibility further to
protect and advance these freedoms.
It was for this reason that we sought that they should be
constitutionally guaranteed and not subjected to the vagaries of
parliamentary democracy, however democratically elected these
parliaments, and the attendant executive authorities, might be.
Like Advocate Gumbi, perhaps because we are not party to the HRC
proceedings, I do not understand in what manner the inquiry into
racism in the media constitutes a threat to the constitutionally
protected right to freedom of expression.
Yours sincerely,
(Signed)
THABO MBEKI
TABLINGS:
National Council of Provinces:
- The Minister of Finance:
The Treasury Memorandum on changes in the form of the Estimate of
Expenditure for 2000-2001.
Referred to the Select Committee on Finance.
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Land and Environmental Affairs on the Land Affairs General Amendment Bill [B 64B - 99] (National Assembly - sec 75), dated 28 February 2000:
The Select Committee on Land and Environmental Affairs, having considered the subject of the Land Affairs General Amendment Bill [B 64B - 99] (National Assembly - sec 75), referred to it and classified by the JTM as a section 75 Bill, reports the Bill with a proposed amendment, as follows:
CLAUSE 10-
On page 8, in line 10, after “1991)” to insert:
, or an officer of the department or any other officer in the employment of the State, as may be determined by the Minister
-
-
Report of the Select Committee on Social Services on the Chiropractors, Homeopaths and Allied Health Service Professions Amendment Bill [B 2 - 2000] (National Council of Provinces - sec 76), dated 28 February 2000: The Select Committee on Social Services, having considered the subject of the Chiropractors, Homeopaths and Allied Health Service Professions Amendment Bill [B 2 - 2000] (National Council of Provinces - sec 76), referred to it and classified by the JTM as a section 76 Bill, reports the Bill without amendment.
WEDNESDAY, 1 MARCH 2000
ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson:
Message from National Assembly to National Council of Provinces:
Bill passed by National Assembly on 1 March 2000 and transmitted for
concurrence:
Tourism Amendment Bill [B 3 - 2000] (National Assembly - sec 76(1))
- (Select Committee on Land and Environmental Affairs - National
Council of Provinces).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Reports of the Auditor-General on the -
(1) Financial Statements of Vote 25 - Public Enterprises for 1998-99
[RP 149-99];
(2) Financial Statements of Vote 10 - Correctional Services for 1998-
99 [RP 133-99];
(3) Financial Statements of Vote 2 - Deputy President and the
National Youth Commission for 1998-99 [RP 127-99];
(4) Financial Statements of Vote 27 - Public Service Commission for
1998-99 [RP 151-99];
(5) Financial Statements of Vote 7 - Central Statistical Service for
1998-99 [RP 157-99];
(6) Financial Statements of Vote 8 - Communications for 1998-99 [RP
131-99];
(7) Financial Statements of Vote 13 - Environmental Affairs and
Tourism for 1998-99 [RP 136-99];
(8) Financial Statements of Vote 18 - Housing for 1998-99 [RP 142-
99];
(9) Financial Statements of Vote 20 - Independent Complaints
Directorate for 1998-99 [RP 144-99];
(10) Financial Statements of Vote 32 - Sport and Recreation for 1998-
99 [RP 155-99].
To be referred to the Standing Committee on Public Accounts.
- The Minister for Justice and Constitutional Development:
(1) Reports of the South African Law Commission on the -
(a) Recognition of Class Actions and Public Interest Actions
in South African Law, Project 88 [RP 181-99];
(b) Euthanasia and Artificial Preservation of Life, Project 86
[RP 186-99].
Referred to the Portfolio Committee on Justice and Constitutional
Development and the Select Committee on Security and Constitutional
Affairs.
(2) Report of the South African Law Commission on the Interception
and Monitoring Prohibition Act, 1992 (Act No 127 of 1992), Project
105 [RP 203-99].
Referred to the Portfolio Committee on Justice and Constitutional
Development, the Portfolio Committee on Safety and Security and the
Select Committee on Security and Constitutional Affairs.
THURSDAY, 2 MARCH 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
-
The Speaker and the Chairperson: (1) The following Bill was introduced in the National Assembly on 2 March 2000 and referred to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160:
(i) Competition Amendment Bill [B 10 - 2000] (National Assembly - sec 75) - (Portfolio Committee on Trade and Industry - National Assembly) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 20903 of 17 February 2000.]
(2) The Minister of Communications on 2 March 2000 submitted a draft
of the South African Communications Regulatory Authority Bill,
2000, and the memorandum explaining the objects of the proposed
legislation, to the Speaker and the Chairperson in terms of Joint
Rule 159. The draft has been referred by the Speaker and the
Chairperson to the Portfolio Committee on Communications and the
Select Committee on Labour and Public Enterprises, respectively,
in accordance with Joint Rule 159(2).
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Finance on the South African Airways Unallocatable Debt Bill [B 1 - 2000] (National Assembly - sec 75), dated 1 March 2000:
The Select Committee on Finance, having considered the subject of the South African Airways Unallocatable Debt Bill [B 1 - 2000] (National Assembly - sec 75), referred to it and classified by the JTM as a section 75 Bill, reports that it has agreed to the Bill.
The Committee approved the Bill on the understanding that it is implicit from the provisions of Clause 2 that the money that the Minister of Finance is being authorised to borrow, will not be paid into the National Revenue Fund and that, therefore, the Bill is not a Money Bill.
In view of the peremptory provisions of section 213(1) of the Constitution, the Committee recommends that in future a Bill that seeks to provide that money received by the National Government not be paid into the National Revenue Fund, should contain a specific provision to that effect.